Legal Question in Wills and Trusts in Michigan
How to start the probate process
My father passed away 6 weeks ago. His wife (not my mother) is the executor of his will. Much, if not all, of what is in his will has to go through probate. She has yet to make any effort to start the process. My siblings and I wanted to give her the oportunity to contact us and/or start the distribution of my father's will. I have a copy of the will, and much of what my father left behind is being left to his children. She doesn't know that we have a copy of the will. We are growing impatient, and would like to start the process ourselves. Is there a time period in which she must start the process (i.e. she must file paperwork within 30 days, etc.)? More importantly, can we start the process on our own, and how do we go about doing it? Please be specific regarding any forms that need to be filled out, where we can obtain these forms, where we would send/subit the forms, etc. Thanks in advance for the help.
1 Answer from Attorneys
Re: How to start the probate process
Hello, I have receivd a copy of the e-mail regarding your father's death. You have my best wishes during this difficult time. Your stepmother must file the will and open a probate estate in a reasonable time. You, as heirs, may open the estate if you wish. However, you do need the original of the will, or a good reason why it is unavailable, to do so. Why don't you ask his wife if she is uncomfortable handling the estate and indicate that one of you would be willing to do so. Our office would be very willing to handle these matters either for her or for you. Please feel free to contact myself or my associate, Karen Crusse. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)
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