questions about my fathers estate.

[slaen]

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

Hello,

I live in Michigan and just recently my father passed away less than a year ago and did not make a will, everything he owned (Houses, Cars, Money etc.) went to my stepmother due to them being married. Well unfortunatly she passed away yesterday. She has no children and I am the only child of my fathers. The house is still in his name and the cars. I am worried my stepmothers family is going to try and take everything they can.

I mean this house was my fathers waaaaaaaaay before he knew her. I grew up in the house as a kid and I watched my dad build this house. And as far as I know her name is on his bank accounts with some considerable amount of money and the cars are still in his name as well.

How does it work? Does it all automatically go to me or can they take anything since it was hers breifly? I know they have the keys to the house and access to everything since she has passed.

 

[Betty]

As far as you know, your stepmother had no will either?

 

[slaen]

Correct. I know the house is still in my fathers name and she has no will made. I know that my father had a will started but it was never notorized.

 

[anteater]

If they owned anything jointly, it was almost certainly with a right of survivorship and passed to stepmother automatically when your father passed away.

I know that my father had a will started but it was never notorized.

Notarization is not required. Does it meet these requirements?

700.2502 Execution; witnessed wills; holographic wills.
Sec. 2502.

(1) Except as provided in subsection (2) and in sections 2503, 2506, and 2513, a will is valid only if it is all of the following:

(a) In writing.

(b) Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction.

(c) Signed by at least 2 individuals, each of whom signed within a reasonable time after he or she witnessed either the signing of the will as described in subdivision (b) or the testator's acknowledgment of that signature or acknowledgment of the will.

(2) A will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if it is dated, and if the testator's signature and the document's material portions are in the testator's handwriting.

(3) Intent that the document constitutes a testator's will can be established by extrinsic evidence, including, for a holographic will, portions of the document that are not in the testator's handwriting.

If it is not a valid will, then your father died intestate. Under Michigan intestacy with the situation that you describe, the surviving spouse would be entitled to the first $134,000 of your father's solely owned property, with the remainder split equally between you and the surviving spouse.

 

[slaen]

Update...

Ok they family is now offically now trying to screw me.

They have changed the locks on my fathers house and they will not let me enter it.

My stepmother was not on the deed to this home nor did she file a quit claim deed. She has no children at all. The only child my father had was me. I have gone over there multiple times in the past few days and they have basically moved in and are going through my fathers things right in front of me.

I called the police 4 times now and they say they cannot do anything to remove them until the court has given me the home. I am getting very irritated so today I went there to video tape and log all the info I could on the home. And they changed the locks on me.

 

[anteater]

While they have no real authority to do that, neither do you.

Get yourself to court and open probate for your father's estate if it is worth it to you.

But keep in mind that:

... the surviving spouse would be entitled to the first $134,000 of your father's solely owned property, with the remainder split equally between you and the surviving spouse.

 

[justalayman]

take a look at this. Since your father had no will, intestate succession comes in to play. Michigan is not a community property state so the wife does not get to claim everything under such laws:

MICHIGAN INTESTATE SUCCESSION

How the property is title is extremely important. If it did not have your stepmothers name on it, she is still entitled to a share of it due to dower rights but not all of it.

If her name is on it, depending on how it was titled, she may or may not have inherited the house completely.

here is another site that puts things in a more explanatory method:

http://www.fcs.msue.msu.edu/fm/Michigan Intestate Succession1.pdf

where did you get your numbers from anteater? I see this in mine (although it could be wrong):

The first $100,000 plus one-half of the balance of the estate (if any) if the
deceased is survived by any descendants, and none of them is a descendant
of the surviving spouse.

Mine would appear to be correct per MCL 700.2102(1)(f)

 

[anteater]

where did you get your numbers from anteater? I see this in mine (although it could be wrong):

The first $100,000 plus one-half of the balance of the estate (if any) if the
deceased is survived by any descendants, and none of them is a descendant
of the surviving spouse.

Mine would appear to be correct per MCL 700.2102(1)(f)

Michigan is the only state that I know that has indexed the amounts due the surviving spouse under intestacy, beginning with a year 2000 base. For 2009/2010, the original $150K is up to $201K. And the $100K is up to $134K.

700.1210 Cost-of-living adjustment.
Sec. 1210.

(1) The specific dollar amounts stated in sections 2102, 2402, 2404, 2405, and 3983 apply to decedents who die before January 1, 2001. For decedents who die after December 31, 2000, these specific dollar amounts shall be multiplied by the cost-of-living adjustment factor for the calendar year in which the decedent dies.

(2) Before February 1, 2001, and annually after 2001, the department of treasury shall publish the cost-of-living adjustment factor to be applied to the specific dollar amounts referred to in subsection (1) for decedents who die during that calendar year and in section 7414 for trusts the value of the property of which is insufficient to justify the cost of administration. A product resulting from application of the cost-of-living adjustment factor to a specific dollar amount shall be rounded to the nearest $1,000.00 amount.

 

[justalayman]

I see.

Where did you find those adjustment factors? I am not finding a quick source for them.

 

[anteater]

Don't remember where I first found them. I remember my first reaction was: "Huh? That's unusual."

But, actually, they are in your first reference. Below the table.

 

[justalayman]

I see that. Maybe I should read what I post and link to