Legal Question in Wills and Trusts in Michigan
who are rightful heirs?
my grandmother has recently died(less than one month ago). the original will(the only one we have found, written in 1979) stated that my father(he died in august 2005) would get property and a house, that he later bought in the early 80's(with paperwork to prove it., my mother still lives there), and my aunt would get a condo, somewhat of the same value as the house was. my grandmother did live in the condo until the last few months of her life. the will was never updated, and now it seems that my brother and i get no inheritance whatsoever. also, the aunt has taken my father off the joint account with grandmother,--name removed--she could have it all, we know the account numbers, and it showed large amounts taken out the day after she died-grieving process??? can we contest any of this? we are in the line of decendants, thanks--name removed--much, any info would be greatly appreciated!
1 Answer from Attorneys
Re: who are rightful heirs?
Here is the quick answer, however it all depends on the facts and WHAT the will said.
Usually, a will will state what happens to a devise if the beneficiary should die before the death of the Will maker. Most of the time 99% it the distribution will pass to the deceased beneficiaries children or all the descendants in equal degree.
Even if the will is silent this is true.
Look for the language per stirpes or by right of representation - this means to issue. If it says per capita then it goes to the surviving children and not your dad's issue.
As for the joint assets, there is a presumption that they are joint and they are your aunts unless there is evidence that your grandmother meant otherwise.
We specialize in these issues. This is all we do. Contact me by return email or call our office and speak to Andrew Mayoras, my partner.
Our web site has a ton of info.
www.tcfel.com
Don Rosenberg
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