Legal Question in Wills and Trusts in Michigan

sons rights to deceased fathers belongings

Father died in Dec.26,2000 and Stepmother died June 3,2003.

Never notified of her death,found out Oct.7th,2003.

Nieces took over Aunt's care when Father died and I don't know if there was a will.She was paralized with a stroke for years. Does my husband have any rights to anything of his Father's?

Thank-you

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Asked on 10/09/03, 1:12 pm

1 Answer from Attorneys

Patricia Prince Patricia Gormely Prince, P.C.

Re: sons rights to deceased fathers belongings

The answer to your question depends on a lot of factors. Specifically,if his dad left a will,your husband was a beneficiary under the will and assets actually passed under the will, then yes your husband is entitled to those assets. Additionally, if Dad did not leave a will, but owned assets in his individual name which were subject to probate, then his wife is entitled to a portion of those assets (and maybe all of them depending on the total value) and your husband may be entitled to a portion of them. On the other hand, if all of Dad's assets were in joint name with his wife and/or passed to his wife via beneficiary designations, then your husband does not have a right to those assets.

As a starting point you should check with the probate court in the County where Dad died to see if a probate estate was ever opened and/or if a will was on file.

Our firm handles these type of matters on a regular basis. Feel free to contact us if you require additional assistance.

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Answered on 10/10/03, 5:54 pm


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