Legal Question in Wills and Trusts in Michigan
Will never probated by father
My ex-husbands mother died in 93. Since then his new wife and he have been living on the property. It also has lots of farm land. My son and daughter were both told, by their grandmother that she put them in the will, for enough property for them each to build a home on, and maybe other things also. Their father never probated a will. He and his wife are living on it. The father told my daughter something about his mother signing power of attorny over to him, and something about a quit claim deed. It must be noted that his father died in 1976, and the property is still in his name,as well as his now-deceasd wife. Nothing was ever probated. We went to the court house, but they do not have a copy of the will. Can this still be probabet? or what else can be done?
Thanks in advance
2 Answers from Attorneys
Re: Will never probated by father
See a probate lawyer in the county where the death occurred. If Wayne, Oakland or Macomb, call me at 248-353-9400. Bill Stern
Re: Will never probated by father
I would suggest getting a title search done for the farm. You can do it yourself with a helpful clerk at the register of deeds. You want the first deed to the grandparents, and all subsequent deeds, then you can see if ther power of attorney was used, and how the property was actually owned, to make sure your information is correct.
If it was jointly owned and the grandmother was the last to die, it needs to be probated. If there is a will it is what will govern distribution. If there is no will, the property goes to her heirs which would be your ex-husband and any siblings.
You are probably going to need a lawyer. If I can be of service, please call.
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