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  1. #1
    tug13 Guest

    what happens if will is found after probate

    What is the name of your state? mi.
    what would happen if a will was found naming a different heir after the estate is settled? what would happen to the allready distributed funds and property? most likely some of the funds would have been spent. is there a statute of limitations? Should money received in a probate with no will not be spent for a certain length of time?
  2. #2
    tug13 Guest
    Given the high % of deaths without a Will, I would think this question would come up often. If no Will can be found, the heirs would most likely wonder if one would show up at a later date.
  3. #3
    Dandy Don is offline Senior Member
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    Apr 2002
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    9,495
    Give the will to the "different heir" and let him/her investigate with a local probate attorney. Yes, there probably is a statute of limitations that applies, and different heir would need to see if probate could be reopened and would also need to find out if an executor's bond was posted in the previously probated estate. "Different heir" will probably be out of luck since there is probably not much that they would be able to do.

    Another reason that different heir would want to have the will is that the newer will that was probated may need to be contested if it can be proven it was written under undue influence.

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
    Last edited by Dandy Don; 09-18-2004 at 02:08 PM.
  4. #4
    tug13 Guest
    Thanks Don,

    There was NO first Will. No Will has surfaced as of yet (1 1/2 yrs in Probate) Estate was probated through Intestate Sucession. All Funds and Goods have been split. Probate will be final in about 2 weeks.

    We made every effort to find a Will. One of the deceased ex inlaws claims there was a Will. (leaving all to a charity) She was unable to produce it. Are we liable to give back an estate, if a will is found in the future? Would the Charity have the right to sue for all of the estate proceeds. This would be impossible to do for us, as some of my wifes share has been spent. I guess my point is, If there is no Will to be found, there will always be a concern that one will appear. Must we live wondering if the money is ours to keep!!!
    Last edited by tug13; 09-19-2004 at 06:35 PM. Reason: additional text
  5. #5
    Dandy Don is offline Senior Member
    Join Date
    Apr 2002
    Posts
    9,495
    You are overly worried about something that has about only a 1% chance of happening. If a will hasn't been found by now, it is not very likely that one would turn up in the future.

    Spend about 1/3 of what you have and save or invest the rest in a money market fund or mutual fund or savings account where you could get access to the money immediately if you needed to but it will still earn interest. Then after a year or two, if no will has been found, you'll have no trouble deciding when and how to spend your windfall.
  6. #6
    tug13 Guest
    Thanks again

    There is a million dollars at stake. We have all our money now. I'm a retired working slob. This is a lot of dough to us!!

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