Legal Question in Wills and Trusts in Michigan
Rights of Discovery
My parent recently passed away. I have no knowledge of their assets (value and location). The surviving spouse does but has not shared the information. How do I go about learning the components/accounts and value of the estate? What are my rights as the child to obtaining this information and, potentially, contesting the will ?
1 Answer from Attorneys
Re: Rights of Discovery
As the natural or adopted child of the deceased, you can open a decedent's estate in the probate court for the county in which your parent resided at the time of death. You may ask that the court appoint you the personal representative of the estate (i.e., the person who is responsible for maintaining the estate); however, if the will or trust designates someone else as the personal representative, the court will give deference to that designation.
The personal representative must locate and account for all property of the deceased. Claims against the estate must be satisfied out of the estate assets. Notice must be given to all interested parties (such as relatives, creditors, etc.) to provide them an opportunity to be heard.
You should consult an attorney concerning this matter immediately. Additional factors may exist which will affect your rights and the rights of your parent's spouse. This response is not intended to be legal advice, and it may not be relied upon as legal advice. No attorney-client relationship is created or intended as a result of this response.
Stephen Scapelliti
Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.
39395 W. Twelve Mile Road, Suite 200
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