How do we find out about the status of Mothers Estate? Michigan

[ROwens]

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

There are 7 surviving siblings.
Mom passed in Nov 2013 and left a very simple will, drawn up in 2006 and we all read and discussed it/agreed to Mom's wishes.
Her home was to pass to 2 brothers, who are responsible for the taxes and everything else with the home.
Her investment account (amount unknown) mentioned in will to go to 7 siblings as beneficiaries


A copy of a will written in 2006 was found.
Probate court would not accept it because it was a copy.
No one knows where original is.


In 2010 mom's caretaker, our sister, mentioned SHE had the will changed and SHE is the executor.
No one has ever seen this will and what if anything has been changed besides what she has stated.
Sister states she changed nothing except the executor.

Since Mom's passing 4 months ago, sister seems to be running the show and states she has 180 days to settle the estate.

Nothing has been filed in probate.
No info regarding the status of the estate has been provided.
Sister will not return emails or phone calls.

The investment account adviser will not return phone calls or provide a status or when the account will be disbursed.

Sister states her attorney will send the rest of us paperwork, have never seen it.

2 weeks ago, sister sent all of us an email, to agree to authorize her to withdraw $1000 from our inheritance, to pay the late taxes on Moms/brothers house.

I disagreed but received no answer on exactly where these funds were coming from or exactly what our inheritance was supposed to be, if anything.

Ironically, the taxes were NEVER paid, and now they are a month past due.


Questions:
Are the rest of us, as noted beneficiaries entitled to know what the status is of the estate?

Can one of us, as an interested person file the will of 2006 in probate?

How do we get the court to accept a copy?

Shouldn't the other will, if it does exist, been filed in probate to open an estate in court?
What is the time frame for filing a will?

Now the rest of us are worried after this 180 days is over, it will be ironclad with no room for questions or contesting what was done.

What exactly is this 180 days?

Thank you.

 

[Zigner]

The court will not accept a copy. If no probate has been opened, then open one up for an intestate estate.

 

[justalayman]

A copy of a will written in 2006 was found.
Probate court would not accept it because it was a copy.
No one knows where original is.

then you have a problem. Either find the original or proceed without a valid will

In 2010 mom's caretaker, our sister, mentioned SHE had the will changed and SHE is the executor.

if there is no will, then, "the will" cannot direct anything. In addition, a will can nominate an executor but the state has to confirm that appointment.

No one has ever seen this will and what if anything has been changed besides what she has stated.

unless she produces the will and presents it for authentication, it is nothing but talk



Since Mom's passing 4 months ago, sister seems to be running the show and states she has 180 days to settle the estate.

Nothing has been filed in probate.

then nobody is running anything, or at least shouldn't be. If probate has not been opened, nobody has the authority to do anything with the estate.

The investment account adviser will not return phone calls or provide a status or when the account will be disbursed.

if the account has named beneficiaries, it must be distributed to them. If you are not a named beneficiary, the adviser may not return your calls. Start with asking if you are a named bene. Then, if you are, you have a right to file a claim. If not, then leave that for those that are named.

Sister states her attorney will send the rest of us paperwork, have never seen it.

then ignore sister and get on with business

2 weeks ago, sister sent all of us an email, to agree to authorize her to withdraw $1000 from our inheritance, to pay the late taxes on Moms/brothers house.

unless probate has been opened, sister does not have the authority to do this. Do not comply with her request. She appears to be acting illegally.



Questions:

Are the rest of us, as noted beneficiaries entitled to know what the status is of the estate?

noted where? If there is no will, there is no "noted" anything. Distribution of the estate is controlled by the laws of intestate succession.

Can one of us, as an interested person file the will of 2006 in probate?

again, if there is only a copy, while you can file it and seek to have it authenticated, it is not likely to be accepted.

How do we get the court to accept a copy?

it must comply with the laws addressing wills. If it does, it will be accepted. If it doesn't, it won't be accepted and the laws of intestate succession will control.

Shouldn't the other will, if it does exist, been filed in probate to open an estate in court?

that's a big YES.

What is the time frame for filing a will?

I will have to look to know.


there is a lot here but here are the laws regarding probate:

http://www.legislature.mi.gov/(S(zoyzog45qxvhmw55sxt0um45))/mileg.aspx?page=getObject&objectName=mcl-Act-386-of-1998


http://www.legislature.mi.gov/(S(zoyzog45qxvhmw55sxt0um45))/mileg.aspx?page=getObject&objectName=mcl-Act-288-of-1939