Q: Family fighting over intestate estate. 2 parties suing each other. If found guilty, how does estate get distributed?
Grandmother and Grandfather. Grandmother dies after contacting bank and naming beneficiaries for annuity and Grandfather's retirement fund. Placed lien on estate items for Child.
Grandfather dies intestate.
Descendants had 3 children - one is alive, 2 are deceased. The living child has 3 children (all living). One deceased child has 2 children (both living), other deceased child has one child (living).
Living child of Grandparents and daughter fighting over money / estate. Both hire attorneys are are suing each other for fraud, misuse of power of attorney, commingling funds, etc.
If both found guilty, how is the money / estate distributed?
A:
This would be a CIVIL lawsuit not a criminal one unless the STATE is charging fraud. There is no 'guilty' there is 'responsible' or not. The facts you have presented are FAR too complicated to even try at an opinion however. The ultimate distribution of property will depend on what is done or undone by the Court, however, what this DOES highlight is that people need to consult with a qualified local estate planning attorney to avoid such battles after the fact.
If you have questions you need to be talking to an attorney who can look at ALL of the documents and discuss the situation with you. This sort of forum can't get into that level of detail!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Leonard Robert Grefseng agrees with this answer
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