Legal Question in Wills and Trusts in Michigan
Will?
My father passed away 2 years ago. I was named as executor of his and his current wife's will. The will was not filed at the time of his death. His surviving spouse has written me asking me to relinquish rights to executorship. I requested a copy of the filed will, but have heard nothing back. What would be a logical next step? Can she change anything without my consent? How do I get a copy of the will?
2 Answers from Attorneys
Re: Will?
You would have been notified if there was an attempt to open the Will for probate since your dad nominated you to be the Executor. This doesn't automatically make you the Executor but if your Stepmom cannot prove that you are a bad choice for the Executor(say you have been convicted of fraud on several occasions), you will be appointed. Legally, she cannot simply bypass your father's wishes without a Court approving it. You can call the Clerk for the County your father lived in to check if the Will has begun the Probate process.
Re: Will?
was an estate opened? If not, simply respond that you will not sign off until you receive a copy of the will. You have to be careful that it is not a waiver and consent form, because the estate could be opened without your input. Please visit www.kliszlaw.com to discuss these details. Tim Klisz
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