Legal Question in Wills and Trusts in Michigan
Does a will have to be filed?
The trustee nor the lawyer filed the will. The lawyer says the trustee is handling it. Aren't both of them obligated to file the will and give the heirs a copy?
1 Answer from Attorneys
Re: Does a will have to be filed?
When a person dies the original Will must be filed in the Probate Court (even if a Probate estate is not commenced). If a lawyer was involved in establishing the Will in question, then either the original or a copy should be available for filing. If this does not get done within a reasonable time-frame (i.e., 30 days after the person dies), then an interested party can commence a Probate estate in the county of decedent's residence. That process requires that notice be given to all interested parties and should cause the type of disclosure you are seeking.