Deceased brothers wife wont let me attend My brothers funeral.

[angel48035]

What is the name of your state?Michigan,,,
My brother is 31 and just passed on,which funeral is saturday.He has been married legally to his wife but they lived seperately.He did not want to get a divorce because they have a daughter together,They lived like this for 4 years.Now she finds out He is dieing and she comes back to make sure she gets everything he owns,My brothers wife and I dont get along but my brother and I were very close.Now 2 days after the wife return,My brother passed on and she told me that she does not want me to attend my own brothers funeral.The funeral director said that he has to do as she wishes seeing it she is the wife.He came into alot of money and she thinks we wanted to take it and Kicked out all of the family and let my brother die alone.I say alone because she was Drunk waiting for it to happen..My question is.Can she stop me from attending my Brothers Funeral.I am blood and she was married to him but lived with another man up until his passing.Is their any Legal actions I can take against her ??All I want it to pay my respects to my brother and she wont allow it because she and I dont get along.Please Help ......

 

[Shay-Pari'e]

She can't stop you from going.

 

[BelizeBreeze]

What is the name of your state?Michigan,,,
My brother is 31 and just passed on,which funeral is saturday.He has been married legally to his wife but they lived seperately.He did not want to get a divorce because they have a daughter together,They lived like this for 4 years.Now she finds out He is dieing and she comes back to make sure she gets everything he owns,My brothers wife and I dont get along but my brother and I were very close.Now 2 days after the wife return,My brother passed on and she told me that she does not want me to attend my own brothers funeral.The funeral director said that he has to do as she wishes seeing it she is the wife.He came into alot of money and she thinks we wanted to take it and Kicked out all of the family and let my brother die alone.I say alone because she was Drunk waiting for it to happen..My question is.Can she stop me from attending my Brothers Funeral.I am blood and she was married to him but lived with another man up until his passing.Is their any Legal actions I can take against her ??All I want it to pay my respects to my brother and she wont allow it because she and I dont get along.Please Help ......

Tell the funeral director that you are showing up, PERIOD. And if he wants to call the police you'll call the local newspaper and radio stations. Then call an attorney and file immediately as the executor of your brother's estate.

And when you show up at the funeral, do nothing, say nothing but pay your respects.

 

[angel48035]

This woman knows alot about the law because thats how she lives,She sues.Can she really stop me?I told her what I thought about her showing up 4 years later,Drunk and she did not like that.I am the only one out of the whole family she does not want their.

 

[BelizeBreeze]

This woman knows alot about the law because thats how she lives,She sues.Can she really stop me?I told her what I thought about her showing up 4 years later,Drunk and she did not like that.I am the only one out of the whole family she does not want their.

Am I talking to myself here?

Now, how did he come into a 'lot of money'?

 

[angel48035]

He worked for a company and got mesothelioma and sued and won.passed at age 31.

 

[BelizeBreeze]

Has the payout already been made ?

 

[angel48035]

Yes,He recieved his money now that he is gone ,she comes back to collect it all.But my REAL question is,,Can she legally stop me from attending the funeral?

 

[Shay-Pari'e]

We told you she can't!

 

[BelizeBreeze]

Yes,He recieved his money now that he is gone ,she comes back to collect it all.But my REAL question is,,Can she legally stop me from attending the funeral?

Yes, if you let her. So, like I said, call an attorney now. Ask the attorney to file a temporary injunction to allow you to attend the funeral and to file a petition to the probate court to administer the estate.

 

[BelizeBreeze]

Angel, are you still here?

If so, then I have been researching your situation and the the funeral director is WRONG! And that's why you need to call an attorney NOW.

Have that attorney read The Michigan Compiled Laws Annotated 700.2801 Effect of divorce, annulment, decree of separation, bigamy, and absence.

Just a hint, your brother has no surviving spouse and you need to have the court issue a restraining order on all property and assets until probate is opened.

 

[BelizeBreeze]

Bump Bump Bump

 

[Shay-Pari'e]

BB,.She stated they were married but living apart.

 

[BelizeBreeze]

BB,.She stated they were married but living apart.

Did you read the statute I cited? I doubt it after that statement.

 

[BelizeBreeze]

O.K. Paradise and anyone else kibitzing. Here is the text of the statute.

ESTATES AND PROTECTED INDIVIDUALS CODE (EXCERPT)
Act 386 of 1998

700.2801 Effect of divorce, annulment, decree of separation, bigamy, and absence.

Sec. 2801.

(1) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, he or she is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.

(2) For purposes of parts 1 to 4 of this article and of section 3203, a surviving spouse does not include any of the following:

(a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife.

(b) An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third individual.

(c) An individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.

(d) An individual who, at the time of the decedent's death, is living in a bigamous relationship with another individual.

(e) An individual who did any of the following for 1 year or more before the death of the deceased person:

(i) Was willfully absent from the decedent spouse.

(ii) Deserted the decedent spouse.

(iii) Willfully neglected or refused to provide support for the decedent spouse if required to do so by law.

Now, why do you think I told our poster to hire an attorney?