Legal Question in Wills and Trusts in Michigan
Will missing
My father passed away 3 years ago and has a will that puts myself and sister as equal beneficiaries. After this will was done, he remarried and was married upon his death. The signed copy of the will is being withheld by his widow. Is this will still withstanding due to his marriage? What rights does she have to the home they shared? Is there a way to receive a copy of the will if it is registered from the courts?
3 Answers from Attorneys
Re: Will missing
If there is no other will that says Last Will and Testament after the one that names you and your sister as equal beneficiaries, then this will is valid even though not in your possession. Once again I am assuming that the will was not replaced by another one. House - Did he retitle his house to include her (new wife) as a joint owner? If yes then there is a conflict of document and the retitling would work in her favor and house would pass to her under operation of law (non-probate asset). If not then the provisions of the will shall prevail. Copy of will - Under MI law, copy of will can be in a safe keeping (custodial) with the county. Not registeration but mere safe keeping. Did your dad opt for safe keeping with the county of his residence? Probably not.
Your options - hire a lawyer to open probate proceedings. The will needs to be probated any way. Good Luck
Re: Will missing
Provided further that the will contains no "patent" or "latent" ambiguities or defects...
Re: Will missing
generally the will controls the disposition of your father's "separate property," and should otherwise be enforceable.
You can contact us, should you need a detailed analysis according to the actual facts of the case.
Francois M. Nabwangu, Esq.
http://fnabwangu.googlepages.com
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