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Won't Execute The Will

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blazenm

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

My father passed almost five years ago, and my stepmother has yet to execute the will. I received a death benefit from an insurance plan, but nothing else. His will stated I was entitled to 40%, but 40% of what? Am i able to touch joint accounts, a stake in the house, or do i get nothing? Can I sue for damages for failing to execute the will? Any help will be greatly appreciated. Thanks
 


xylene

Senior Member
You need to hire a professional estate lawyer to represent you against your stepmother.

This is not a DIY project.

Be prepared for there to be many complications for having waited so many years. This inaction does not strengthen your position.
 

blazenm

Junior Member
I definitely plan on hiring a lawyer, but would like to know what I am possibly entitled to and definitely not entitled to before I start spending large amounts of money on a lawyer.
 

justalayman

Senior Member
there is no way to tell what the 40% of the estate you are entitled to with administering/probating the estate. If there were joint accounts shared by you and your father (only), those became yours at his death. By now the contents have likely escheated to the state but are recoverable.

and why haven't you filed for probate? It doesn't have to be his wife.
 

blazenm

Junior Member
At the time I was a very young and naive college student. I assumed she would do the right thing. I now see how death can turn people against one another and people put their own interests first. I'm not out to get any money from their joint accounts, or accounts that may have just been his. My main concern is what happens to the house. I'm positive I'm not in her will and want to see if I have any stake in the house.
 

justalayman

Senior Member
there is no way to tell if his estate had any net worth without probating the estate. Once that is determined, you have apparently seen the will. Nobody here has so you are going to know a lot more about what you inherited than anybody here.

as to the house; at least research the deed to determine how title was held between your father and step mother. If it was jointly (with only those two on the deed as having any ownership interest) or as tenants in the entirety, your step mother is now the owner of 100% of the house and you have no rights to any of it.
 
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xylene

Senior Member
I definitely plan on hiring a lawyer, but would like to know what I am possibly entitled to and definitely not entitled to before I start spending large amounts of money on a lawyer.
I don't understand.

You have read the will.

You have some idea of the value of your father's estate.

Beyond that you are going to need a lawyer.

Be prepared for vagueness in the will or law to not favor you.

Be prepared for substantial wastage over the 5 years.
 

blazenm

Junior Member
Yes, I've seen the will, but they were mostly stock accounts that were closed or had very little in them according to her. Like I said, I was never out for their money to begin with. My main concern was their house, which according to the tax records is in both of their names. I just hate to see the house go to one of her relatives.
 

justalayman

Senior Member
Yes, I've seen the will, but they were mostly stock accounts that were closed or had very little in them according to her. Like I said, I was never out for their money to begin with. My main concern was their house, which according to the tax records is in both of their names. I just hate to see the house go to one of her relatives.

and how was the title held? If either of the two ways I mentioned, the house is 100% hers and what she does with it upon her passing is up to her.

If tenants in common, then she owns 1/2 of the house outright and if your father left her any more in the will, that is hers as well.
 

curb1

Senior Member
The advice given so far is valid.

1) Check the title of the house. You can do that without cost.

2) What other assets are in play?

3) Open probate if you think there is something you should be entitled. Your stepmother could easily be handling this properly. When was the house purchased? Before, or after, they were married?

4) When you talked about this with your father, what did he say?
 

xylene

Senior Member
Yes, I've seen the will, but they were mostly stock accounts that were closed or had very little in them according to her. Like I said, I was never out for their money to begin with. My main concern was their house, which according to the tax records is in both of their names. I just hate to see the house go to one of her relatives.
OK - Reality check.

A will is exclusively about money.

If you are not concerned about money, then leave it be.

The house is money. You will not get the house.

At 40%, at best you can force her to buy you out or force the sale of the house.

That means a stranger or her relative gets the house. Or you could forcibly buy her out but it probably would not work that way.

Someone other than you getting the house is basically a foregone conclusion since your share is only 40%.
 

anteater

Senior Member
My main concern was their house, which according to the tax records is in both of their names.
Michigan law presumes that real estate owned jointly by husband and wife is held as tenants by the entirety. That would mean that his wife had a right of survivorship with regards to the house.

Still, check the deeds.
 
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