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My Grandfather Died what do i do?

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motherofalilly

Junior Member
What is the name of your state? MICHIGAN

my grandfather passed away dec 26th, his wife of only 10 years will not let my father or aunt, (my grandfathers childeren) have any of our family heirlooms, do we have any rights here with or with out a will? his wife never saw us as family. she wants to basically sell all his stuff for whatever she can get for it and we want to keep it to pass it through the family, we are a very proud family. we dont know what are rights are to things that were passed down through the family before she was even a thought. can some one please help me or at least point me in the right direction?
 


anteater

Senior Member
What is the name of your state? MICHIGAN

my grandfather passed away dec 26th, his wife of only 10 years will not let my father or aunt, (my grandfathers childeren) have any of our family heirlooms, do we have any rights here with or with out a will? his wife never saw us as family. she wants to basically sell all his stuff for whatever she can get for it and we want to keep it to pass it through the family, we are a very proud family. we dont know what are rights are to things that were passed down through the family before she was even a thought. can some one please help me or at least point me in the right direction?
First, let me give you some advice. Except for the part that I bolded, the rest of what you write is legally irrelevant. It may be how you feel and you may be perfectly justified in feeling that way. But, it will not get you anywhere.

If your grandfather had a valid will, then the will determines who receives his assets. If he did not have a will, then the distribution of his assets is governed by Michigan's intestate succession statutes:

700.2102 Share of spouse.
Sec. 2102.

(1) The intestate share of a decedent's surviving spouse is 1 of the following:

(a) The entire intestate estate if no descendant or parent of the decedent survives the decedent.

(b) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.

(c) The first $150,000.00, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent.

(d) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent.

(e) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse.

(f) The first $100,000.00, plus 1/2 of any balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse.


700.2103 Share of heirs other than surviving spouse.
Sec. 2103.

Any part of the intestate estate that does not pass to the decedent's surviving spouse under section 2102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the following individuals who survive the decedent:

(a) The decedent's descendants by representation.

(b) If there is no surviving descendant, the decedent's parents equally if both survive or to the surviving parent.

(c) If there is no surviving descendant or parent, the descendants of the decedent's parents or of either of them by representation.

(d) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by 1 or more grandparents or descendants of grandparents, 1/2 of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other 1/2 passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the 1/2.
 

lwpat

Senior Member
Depending on the size of the estate it is quite possible that you will have to "buy" the items you wish to keep. You need to keep in mind that half of everything is already hers as marital property. If you grandfather had an attorney you need to check with him to see if there was a will. If not this needs to be a lesson to you and the other members of the family.
 

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