allsaidanddone
Member
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.
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.