Probate

[naikle]

I reside in Michigan and I am in the middle of a probate case.
We were in the process of disbursing the estate, when we found out that my father,(the decedent) has a new born child that was not included in the original petition. The original petitioners were my brother, sister, step-mother, and myself. My first question is, how much of the estate is this child entitled to? Secondly, at the time of his death my father was seperated from my step-mother for seven years, what portion of the estate is she entitled to as well? (The above mentioned newborn child is by someone else, not by my step-mother or my mother.)

 

[advisor10]

2-13-2002

DEAR NAIKLE:

Please clarify your situation:

(1) At the time of his death, was your father married to the mother of the newborn child or was he just living with her without being married to her?

(2) In regards to being separated from your step-mother for seven years, was that a legal, official separation (where official separation papers were issued by a court) or did they just start living separately without going through court?

(3) Is there an estate attorney or probate attorney involved in dividing up this estate and determining who the heirs are?

SINCERELY,

advisor

 

[naikle]

reply

1. the woman was not married to my father she was a one-night stand.
2. their separation was not a "legal" separation done through the courts.
3. the estate is being handled be a personal representative appointed by the court.

 

[advisor10]

2-14-2002

DEAR NAIKLE:

What is the total amount available to be distributed amongst the heirs?

Did your father have a will or not?

Is this personal representative (who was appointed) an attorney or not?

SINCERELY,

advisor

 

[naikle]

1) The total amount of the estate that was to be distributed was $80,000.
2.) No my father did not have a will.
3.) The court appointed personal representative is an attorney, however, his assistant is primarily handling the case and she is not an attorney.

 

[advisor10]

2-14-2002

DEAR NAIKLE:

I am not familiar with Michigan law, but I did consult a reference book on Michigan probate law to get some general guidelines.

It is possible that the stepmother might be entitled as a surviving spouse to $60,000 (plus half of the remaining balance) of the estate, with the other half going to be split among all of the children. However, you would need to discuss this situation specifically with a local probate attorney to find out whether or not the stepmother would be considered the surviving spouse if she was separated.

The newborn child WOULD be eligible as an heir to qualify for the same portion of this estate as any other child would get (no matter if that amount is small or large). However, the administrator may want to consider placing that amount in a trust account at a bank, to be held by the trust department until the child becomes of legal age, and then the child would get that money plus whatever interest accumulated. I'm assuming you would not want to make the check payable to the mother if you don't want her to get her hands on it. Also, I hate to give you bad news but there is something else you must seriously consider. Does the newborn's mother know about the estate administration? If she does, she could possibly file a valid claim against the estate for child support, and that of course would affect the amount that other heirs would receive.

Send me an e-mail message to the address shown below so I can give you a confidential tip about your situation.

You really do need to make sure this estate distribution is handled by a qualified probate attorney who is familar with Michigan probate law, in order to make sure the amounts are distributed in strict accordance with the law in order to avoid complications later on down the line.

SINCERELY,

advisor

 

[naikle]

I would be interested in the confidential that you have to offer. However, you failed to leave your email address so that I could respond. I too have another question to ask of you, but that can wait until the email.

 

[advisor10]

2-15-2002

DEAR NAIKLE:

I apologize for being forgetful. My e-mail address is [email protected]

SINCERELY,

advisor