MI - Father Died Without a Will

What is the name of your state (only U.S. law)? Michigan

My father passed away in May. He had been married to my mother for 41 years - she passed away in 2002. He remarried just over 4 years ago.

My older brother was named as the Executor of my Dad's estate, while in the hospital my father stated to both my brother and his new wife that he wanted his estate divided equally among the three children (my brothers and I) and his new wife.

Prior to my father's marriage to his new wife - my Dad stated specifically that he had seen an attorney and made sure that the property and estate that he and my Mom had would stay in our family and what was accumulated during his marriage by he and his wife would be hers.

Now we find that he did NOT have a will, however - he left all of his property in my deceased Mom's name (probably his life insurance too) - he did not put his new wife on anything. Not even the house he built after my Mom's death. I believe the land that the house was built on is in my Mom's name. As is all of the other property they accumulated during their marriage.

My brother set up a meeting with an attorney who called in another attorney to represent the wife (one for her and one for us) - they were to get the papers and documents and help us divide the estate. My Dad's new wife acknowledged how he wanted it divided to the attorney - but decided that he didn't really mean it...

Now I get a notice from yet another new attorney she has hired and one from an attorney my brother has hired to represent him.

This estate is worth several million dollars - probably more. All of the furniture in the house was my Mom's - my Mom's jewelry has disappeared.

I don't know the name of the attorney my Dad saw, his new wife - if she knows - will not say. (She claims that she has no idea where the furniture in the house came from.... Seriously. Like the furniture fairies came by and dropped it off when no one was home.)

How is an estate without a will divided in Michigan. What happens is things are in my Mom's name? Should I call the attorney representing the new wife or the attorney representing my brother? I'm at a loss. I have letters from my Mom that state how she wanted her things divided among us kids. Does that even matter?

wow, dad has this kind of money but not enough common sense to take care of the legal matters of your mothers death and actually wwrite down his wishes.

Not to be mean but it simply amazes me when somebody that was apparently intelligent enough to amass such a sum of money but isn't smart enough to realize what happens in just such a situation such as yours.

First, sounds like mom's estate would need to be probated, if there was anything to go through probate. If property was held as joint tenants or tenants in the entirety (I think Mi has such), the property would become 100% dads and probate would only be needed to change title. That isn't really an issue. If it was as tenants in common or in moms name only, then you have either 1/2 of the property enters her estate or all of it does, respectively.Then you have the rest of her property.

MICHIGAN INTESTATE SUCCESSION

that is a chart that describes how an intestate estate must be divided.

and here are the laws:

Michigan Legislature - 386-1998-II-1

as to separate or marital property; it appears it can be quite complex in MI. As such, I will leave it to the attorneys to interpret the laws.

just to add; the furniture and jewelry and such that you state was your mothers; once mom passed, it was no longer moms. It was part of her estate which was to be inherited by your father, you , and your siblings.

Oh - you're absolutely correct. I think he left everything to my Mom - she handled all of their finances and legal matters. When she passed - he refused to let anyone else do anything. I know he had an attorney, I just don't know who his attorney was or how to even find them. His new wife is NOT going to give that information up.

I am thinking that everything is still in my Mom's name - even their bank accounts. That's just how he was. I was on his bank accounts for a long time - I bet my name is still on those accounts. (His farm account, I used to work the farm with him.)

So you think I should just get my own attorney and have them look at this stuff too?

So you think I should just get my own attorney and have them look at this stuff too?

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especially due to the amount of money involved, yes, get a lawyer.

and somebody is going to have to probate mom's estate so dad's estate can be figured out.

I bet my name is still on those accounts. (His farm account, I used to work the farm with him.)

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that money might be yours now, depending on how the account was held. Check it out.

justalayman said:

especially due to the amount of money involved, yes, get a lawyer.

and somebody is going to have to probate mom's estate so dad's estate can be figured out.

that money might be yours now, depending on how the account was held. Check it out.

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Thanks - I'd hoped that everyone would be somewhat 'normal' in dealing with this stuff... I guess it was too much to hope for. The last thing I wanted was some long drawn out battle with the family getting nasty and hateful with one another.

I have this really cruddy vision of a bunch of buzzards hovering over my Dad's corpse picking away at any little scrap they can get out of it. I just didn't want to be one of the buzzards.... LOL!

Under Michigan's laws of intestate succession your stepmother is entitled to receive $100,000 plus ½ of the balance of the intestate estate with the balance distributed to the descendants of the deceased by representation. *

___________________________


[*] Michigan General Laws Section 700.2101 Intestate estate.

(1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this act, except as modified by the decedent's will.
700.2102 Share of spouse.

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

* * *

(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.

(2) 700.2103 Share of heirs other than surviving spouse.
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. * * *"

Actually, Lat, it's now $134,000 plus 1/2 of the balance.

Michigan indexed the amounts due to a surviving spouse, with 2000 as the base year.

Unfortunately, it seems that a number of Michigan probate attorneys will be made very happy in this case.

I just found out today that she is on her third attorney. My brother has an attorney that he hired right after my father's death - so that attorney is apparently representing us three kids.

I would hope her legal fees will be her fees and NOT paid out of the estate.

I also found out that almost everything is still in my Mom's name, including life insurance and bank accounts. I may still be listed on bank accounts that belonged to my parents. What a mess.

If you are speaking of the brother who is the executor having an attorney also representing the rest of the siblings: doubtful. I would suspect that is the estate's attorney. You need to check but I suspect it is so. That means if you want an attorney to represent your interests, you need to hire your own. The attorney your brother hired, if it is the estate attorney, is paid from the estate funds. The MIL's attorney is out of her pocket.

justalayman said:

If you are speaking of the brother who is the executor having an attorney also representing the rest of the siblings: doubtful. I would suspect that is the estate's attorney. You need to check but I suspect it is so. That means if you want an attorney to represent your interests, you need to hire your own. The attorney your brother hired, if it is the estate attorney, is paid from the estate funds. The MIL's attorney is out of her pocket.

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Though the attorney working for my brother is representing him, my younger brother and I both agree that our older brother speaks for both of us.

That attorney was originally going to get all of the documents and figure out the assets then divide them according to how my Dad had stated he wanted everything divided - which his new wife agreed with, then she changed her mind. The original attorney found another attorney to represent her because there was a conflict of interest once she changed her mind.

While my Dad was in the hospital - he called in both my brother and the new wife and told them how he wanted the estate divided, it was agreeable to both my brother and the new wife. He died the next day.

Biggest mistake: When my Dad made that statement - it should have been writtn down, witnessed and notarized. If that had been the case - I doubt this would be so screwed up.

RobyninMI said:

Though the attorney working for my brother is representing him, my younger brother and I both agree that our older brother speaks for both of us.

That attorney was originally going to get all of the documents and figure out the assets then divide them according to how my Dad had stated he wanted everything divided - which his new wife agreed with, then she changed her mind. .

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still sounds like an estate attorney which does not represent you or either of your two brothers. Just fair warning. If it is an estate attorney, he is obligated to act in the best interest of the estate, not any of the heirs.

Find out who is paying for the attorney and that will tell you who he represents. If the money is coming out of big brothers pocket, it is big brothers attorney. If it is coming out of the estate, it is an estate attorney.