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Michigan Small Estate Falsifying info

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sparkytoo

Junior Member
What is the name of your state? Michigan
Father who deserted children as minors left state of residence and returned to home state of Michigan. Died in July - ME notified children as decedent's mother refused to contact them. They went to funeral and all family has their addresses. Mother (grandmother) filed small estate affidavits stating she was sole heir, omitting living, natural born children, thinking they would not find out. Attorney prepared Affidavit, and had copy of Obit. showing children. Perjury against mother (grandmother)? How to go about it - have to file civilly against her and attempt to recoup money? Against atty. who prepared and filed fraudulent affidavit giving mother all the money in the estate (not a lot - it's the principal here)? Malpractice? Any way just to have court do it since she perjured info on forms filed at courthouse? ideas?What is the name of your state?
 


Dandy Don

Senior Member
How much money are we talking about here? Perhaps the suit could be brought in small claims court OR discuss with her in advance the possibility of offering her the opportunity of splitting the money to all legal heirs without having a lawsuit involved to see how she reacts.

DANDY DON IN OKLAHOMA ([email protected])
 

sparkytoo

Junior Member
perjury the real issue

Yes, we could go to small claims court. and we are the heirs, so there's nothing to split. But is she liable for perjury since she did this knowingly, and the signature line says "you sign this acknowledging the info is correct or you could be subject to perjury"... if she doesn't cooperate or has spent the money, who would go after her for perjury? That would be criminal, would it not, and thus would the state go after her? what are the chances of the prosecutor's office actually doing this, or who else would do so?
 

Dandy Don

Senior Member
Unless there are financial damages to recover here, no one is going prosecute for perjury just for the "principle" of it.
 

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