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possible probate nightmare

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gailshukait

Junior Member
What is the name of your state? Hi. I'm in Michigan. My mother-in-law passed away Oct. '07. There are 4 siblings with the youngest being named executor. We did not have a problem with that at the time. He has repeatedly refused to give any of the siblings a copy of her will. My husband knows his sibling was instructed to sell the home property and divide the proceeds. He has done nothing. Her death certificate has not been registered in the county she lived in. The last property deed is from my husbands grandmother deeding the property in her name and my mother-in-law. There is nothing at the courthouse deeding the property from mother-in-law to any child/children. We cannot afford the high cost of retainer or shoulder the cost of probate, so what can we do ? We would be willing to hire an atty. if one could work with us on payment. We would like to see the property sold and divided as she wished. We would like to have a property analysis done, but feel it would be refused by the sibling in charge. What are our options; or do we have any ?
 


seniorjudge

Senior Member
Q: We cannot afford the high cost of retainer or shoulder the cost of probate, so what can we do?

A: You must quickly hire a lawyer and you file for probate. That's your only solution. Talk with prospective lawyers about payments; some will work with you in probate cases but that, obviously, is entirely up to the lawyer.
 

Dandy Don

Senior Member
Probate is automatically required because title to real estate is involved, but don't automatically assume it will be expensive--costs may be less than you think. If you don't want to hire an attorney to be executor, file to open up probate yourself and only consult with the attorney for purposes of advice/counsel when needed. After you get to court you can ask judge to require that brother produce the will for probate proceedings, and hopefully there are other assets in the estate.

DANDY DON IN OKLAHOMA ([email protected])
 

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