My Uncle Passed Away With A Will Questions

[allsaidanddone]

Michigan

Uncle passed away with a will that left everything to his mother. Secondary beneficiary was his brother. Both have pre-deceased him. Will was made in 11/91 and doesn't stipulate "per stirpes distribution". A non-probate attorney told my cousin to wash his hands of it, but I don't agree given my reading of Michigan law regarding the verbiage of "per stripes". Maybe that wasn't in the verbiage of "law" back then? I'm trying to convince my cousin to get a second opinion. As it stands right now with him, everything is going to the decreased brothers' children and he is heartbroken because he was told (we all knew this) that he would be the executor etc etc..

He has put so much time and effort into our uncles well-being through the years and was asked by said uncle to be the executor of his estate. I was there. Uncle never thought he would die so guess that's why he didn't update his will. I just visited him 3 days before he passed. Therapy was going great as was his demeanor. It was wonderful and we talked about him going back home soon. We honestly cared for our uncle, mostly because there was no one else in his life to care for him due to his life choices. As far as we all knew, he was broke. He was a MD but his practice severely declined with his health years ago (covid was the main factor) so money was not a factor in anyone's willingness to care for him. Just saying.

I have a copy/pic of the will if needed. Thank you for any insight you can provide.

 

[allsaidanddone]

At the end of the day, there is a sizable estate. Not millions, but enough to further investigate the validation of the will given both beneficiaries are now deceased. Thank You.

 

[LdiJ]

Being an executor does not give anyone the right to someone's estate. It just means that that person is responsible for doing all of the work to make sure that the assets go to the correct heirs. It is a lot of work and hassle and if your cousin would not normally inherit it might be in his best interest to walk away from it. If the estate were to be treated as if your uncle had died intestate, (without a will) who would be the heirs?

In any case, whomever feels that they might have an interest in the estate needs to consult a probate attorney in the appropriate jurisdiction. If your uncle had no children, and no living parents, then his estate would first go to his siblings, equally, and after that to his nieces and nephews, so consulting a probate attorney is the best bet.

 

[Zigner]

And, as a side note, "per stirpes" was around long before 1991.

 

[allsaidanddone]

Being an executor does not give anyone the right to someone's estate. It just means that that person is responsible for doing all of the work to make sure that the assets go to the correct heirs. It is a lot of work and hassle and if your cousin would not normally inherit it might be in his best interest to walk away from it. If the estate were to be treated as if your uncle had died intestate, (without a will) who would be the heirs?

In any case, whomever feels that they might have an interest in the estate needs to consult a probate attorney in the appropriate jurisdiction. If your uncle had no children, and no living parents, then his estate would first go to his siblings, equally, and after that to his nieces and nephews, so consulting a probate attorney is the best bet.

Yes, I understand how the personal representative works as I have been one in the past. Uncles' siblings have all passed so the next in line are all the nieces and nephews. I don't think we got good advice from the non-probate lawyer (he said uncles entire estate goes to the children of the brother mentioned in the will) and from Zingers comment, I'm going to call a Probate lawyer today. Thank you

 

[allsaidanddone]

And, as a side note, "per stirpes" was around long before 1991.

Thank you for that information

 

[quincy]

… I'm going to call a Probate lawyer today. …

Consulting with a Michigan probate lawyer is smart.

Here is a link to MCL §700-2718, Representation; per capita at each generation; per stirpes:
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2718#:~:text=(2) if a governing instrument,children who left surviving descendants.

 

[Zigner]

Consulting with a Michigan probate lawyer is smart.

Here is a link to MCL §700-2718, Representation; per capita at each generation; per stirpes:
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2718#:~:text=(2) if a governing instrument,children who left surviving descendants.

That section was updated in 2000. Also, the OP states that the will didn't specify "per stirpes" - it was silent on the matter.
I'm interested to hear what the attorney advises.

 

[Zigner]

The estate may be considered intestate:

https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2101 et seq

 

[quincy]

… I'm interested to hear what the attorney advises.

If the cousin is looking for an inheritance, having a probate lawyer look into this is the cousin’s best way of learning if he is entitled to anything.

 

[zddoodah]

Uncle passed away with a will that left everything to his mother. Secondary beneficiary was his brother. Both have pre-deceased him. Will was made in 11/91 and doesn't stipulate "per stirpes distribution".

When did your uncle die?
Are you a child of the predeceased brother?
You told us that all of your uncle's siblings have also died, so I assume that his father did as well. Correct?
What about children/grandchildren, etc.? You mentioned a cousin. Is the cousin a child of your uncle?
Are there any living children of predeceased siblings (other than you)?
What is the exact language of the will's gift provisions (i.e., the provisions leaving everything to the mother and then to the brother - with names removed or changed, of course)?
What does the will's residuary clause say?

Without knowing the exact language of the will, there's not much anyone online can tell you.

As it stands right now with him, everything is going to the decreased brothers' children

What does this mean? Is this just a reflection of what he believes will happen? Has anyone sought to probate the estate?

he is heartbroken because he was told (we all knew this) that he would be the executor etc etc..

I don't know how we're supposed to interpret the "etc etc." Did your uncle's will nominate your cousin to be executor? Are you and is your cousin aware that he is free to seek appointment from the probate court as executor (as are you)?

 

[allsaidanddone]

When did your uncle die?
Are you a child of the predeceased brother?
You told us that all of your uncle's siblings have also died, so I assume that his father did as well. Correct?
What about children/grandchildren, etc.? You mentioned a cousin. Is the cousin a child of your uncle?
Are there any living children of predeceased siblings (other than you)?
What is the exact language of the will's gift provisions (i.e., the provisions leaving everything to the mother and then to the brother - with names removed or changed, of course)?
What does the will's residuary clause say?

Without knowing the exact language of the will, there's not much anyone online can tell you.




What does this mean? Is this just a reflection of what he believes will happen? Has anyone sought to probate the estate?




I don't know how we're supposed to interpret the "etc etc." Did your uncle's will nominate your cousin to be executor? Are you and is your cousin aware that he is free to seek appointment from the probate court as executor (as are you)?

11/16/2024
No
Yes, both parents are deceased
Uncle did not have any children. So cousin is not his son
Yes, there are 10 of us total (nieces and nephews)

The will is two pages with the second page declaring witnesses. On the first page there are 5 points.
1. Unmarried man leaving all my estate to "mother"
2. In the event she predeceases me I give my full estate to "brother".
3. I order and direct that my just debts and funeral expenses , expenses for my administration of my estate any any inheritance taxes and succession taxes, state or federal, upon my estate shall be paid as soon after my death or as practical.
4. (Not exact verbiage but to the point) I nominate and appoint "mother" as executor of this will. In the event she predeceases me, I appoint "brother". I further direct that no appointee here under shall be required to give any bond for the faithful performance of his/her duties.
5. I hereby authorize my executor to exercise all the powers and rights, discretions, duties, and immunities conferred upon fiduciaries to the extent permitted by law with full power to sell. lease, mortgage, invest, reinvest, or otherwise dispose the assets of my estate.

Other than signatures, that's it.

Uncle had been playing cousin all along by telling him that if he agreed to be the executor that everything would be taken care of for him to do so, given the complexity of the estate. Yes, I do know that anyone at this point is able to seek the "personal representative". Cousin has already made some major mistakes that have put some against others (not me). I'm kinda waiting for him to realize this is over his head (he asked the realtor who sold uncles MD office/building to ask the buyer (sale was complete before uncles passing) if he would take the building as is, medical records and all and I absolutely know this is against the law. The estate needs to disperse/store these records. Like I said, I'm pretty sure the will in null and void and that his whole estate does not go to the brothers' children alone. I did contact a probate lawyer yesterday and he told me this, but cousin wants to hear the same thing from another probate attorney (he doesn't know who to believe after getting bad advice from the non-probate attorney) and I'm just waiting to hear back from him to see what he finds out. I'm just staying out of the way opinion wise hoping that he will realize this is too big for him. If not, I'll be sure to give him the info he needs to get this done.

But I do believe by the verbiage above that this estate lawfully needs to be dispersed to ALL the nieces and nephews, more specifically divided by his three siblings and then dispersed to the children from there. Thoughts?

 

[allsaidanddone]

The estate may be considered intestate:

https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2101 et seq

Agreed. The probate lawyer I contacted said so as well. Below is the verbiage of the will.

The will is two pages with the second page declaring witnesses. On the first page there are 5 points.
1. Unmarried man leaving all my estate to "mother"
2. In the event she predeceases me I give my full estate to "brother".
3. I order and direct that my just debts and funeral expenses , expenses for my administration of my estate any inheritance taxes and succession taxes, state or federal, upon my estate shall be paid as soon after my death or as practical.
4. (Not exact verbiage but to the point) I nominate and appoint "mother" as executor of this will. In the event she predeceases me, I appoint "brother". I further direct that no appointee here under shall be required to give any bond for the faithful performance of his/her duties.
5. I hereby authorize my executor to exercise all the powers and rights, discretions, duties, and immunities conferred upon fiduciaries to the extent permitted by law with full power to sell. lease, mortgage, invest, reinvest, or otherwise dispose the assets of my estate.

Other than signatures, that's it.

JUST FOUND OUT that the cousin said he contacted another probate lawyer who told him the original non-probate lawyer was right. I don't believe this for one hot minute...because, cousin is basically so frustrated that he has washed his hands of this. He also has a gf who screams in the back of the room at him when he is on the phone talking to anyone about this. Yeah, it's getting intense. So, I guess, given all the indecisiveness, I'm gonna call another probate attorney myself to see what they have to say for myself and move forward from there. But since I'll have to wait until Monday now, do you have any thoughts? TY

 

[allsaidanddone]

That section was updated in 2000. Also, the OP states that the will didn't specify "per stirpes" - it was silent on the matter.
I'm interested to hear what the attorney advises.

There is no reference to "per stirpes" in the will. See comment I left earlier today. Thank you for this response. The lawyer I contacted said this will is null and void. Told cousin this and was waiting on cousin to confirm this because he wanted to hear the same from another lawyer. He came back and said the lawyer he contacted said the same as the non probate attorney and that if I wanted to do anything to go ahead. I don't think he called anyone tbh.

I'm trying to keep all the emotions that have been happening (and the reasons why) out of this thread. With that, cousin has now washed his hands of it. So I'll be talking to the family over the weekend. I've personally taken care of a half million-dollar estate for my girls without a lawyer. Per my history here, dad did pass away and EVERY cent went to them btw, (if Bali is still around), even the 200k that was left in my name. Bali, you still with us?

Sorry, just had to throw that smark remark in there.

 

[Zigner]

He came back and said ... if I wanted to do anything to go ahead.

Then it's time to crap or get off the pot. You'll need to hire an attorney.