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[Michigan] Is my deceased Father's half-sister an Interested Person? (Probate, No Will)

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Shadowmere24

New member
My father recently passed away and did not leave a will. I am his only child and he had no domestic partners or spouses. I'm filling out the
application for informal probate and appointment of personal representative myself because this is a pretty simple case, but I had a question about what defines an interested person. The application is in Wayne County, Michigan. The only other immediate relative is his half-sister. Does she count as an interested person with respect to the probate application I'm filling out? In other words, is my Aunt an interested person even though shes lower in intestate succession than me?
 


Zigner

Senior Member, Non-Attorney
Under MI law (700.2107) "A relative of the half blood inherits the same share he or she would inherit if he or she were of the whole blood."

And a sister would be in the line of inheritance. http://www.legislature.mi.gov/(S(js23l1tuj2hz5tltppjqmb4a))/mileg.aspx?page=getobject&objectname=mcl-700-2103 So yes she would be an interested person.
I disagree. The OP is ahead of the decedent's siblings for intestate succession. As such, the sister (OP's aunt) doesn't stand to inherit, so she is not an interested person.

The OP would be wise to run this by a local attorney. It might cost a couple of hundred dollars, but a written opinion from an attorney would be well worth it.
 

PayrollHRGuy

Senior Member
Even though she won't inherit because the deceased had a child?
Sure. She may have proof that the OP isn't actually the deceased child.

The point of the informal probate is for small estates to go through an easy probate. They ask the question and likely notify all of those listed interested parties so the estate isn't stolen.
 

PayrollHRGuy

Senior Member
I disagree. The OP is ahead of the decedent's siblings for intestate succession. As such, the sister (OP's aunt) doesn't stand to inherit, so she is not an interested person.

The OP would be wise to run this by a local attorney. It might cost a couple of hundred dollars, but a written opinion from an attorney would be well worth it.

(c) If there is no surviving descendant or parent, the descendants of the decedent's parents or of either of them by representation.

A sister is the child of one of the parents.
 

Zigner

Senior Member, Non-Attorney
(c) If there is no surviving descendant or parent, the descendants of the decedent's parents or of either of them by representation.

A sister is the child of one of the parents.
Yes, but that is trumped by (a). Since (a) takes under intestate succession, (c) is no longer an interested party.
 

PayrollHRGuy

Senior Member
As mentioned to LdiJ, the sister may have proof She may have proof that the OP isn't actually the deceased child or have some other reason that it shouldn't be an informal probate.

I'm not saying the sister has a claim but I think anyone that is a possible heir would be an "interested person". An if not everyone at least the next inline which would be the sister. If there is a claim all it will do is end the informal probate.
 

Zigner

Senior Member, Non-Attorney
As mentioned to LdiJ, the sister may have proof She may have proof that the OP isn't actually the deceased child or have some other reason that it shouldn't be an informal probate.

I'm not saying the sister has a claim but I think anyone that is a possible heir would be an "interested person". An if not everyone at least the next inline which would be the sister. If there is a claim all it will do is end the informal probate.
Fair enough - and that is why I suggested the OP spend a few minutes with an attorney.
 

PayrollHRGuy

Senior Member
Well it looks like the great state of Mi was nice enough to actually define "Interested Person". But even when they did they left it open.

(c) "Interested person" or "person interested in an estate" includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that has priority for appointment as personal representative; and a fiduciary representing an interested person. Identification of interested persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, a proceeding, and by the supreme court rules.
 

Zigner

Senior Member, Non-Attorney
Well it looks like the great state of Mi was nice enough to actually define "Interested Person". But even when they did they left it open.

(c) "Interested person" or "person interested in an estate" includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that has priority for appointment as personal representative; and a fiduciary representing an interested person. Identification of interested persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, a proceeding, and by the supreme court rules.
"includes, but is not limited to" clear as mud LOL
 

quincy

Senior Member
Oh yes they do. " Identification of interested persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, a proceeding, and by the supreme court rules."
Haha. I love my state. :)
 

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