Linden, MI asked in Estate Planning and Probate for Michigan

Q: My sister just passed . She lived with her boyfriend and we have not talked for a year. I know she has at least 60,000

left from my father passing and a car. Her boyfriend said he doesnt know where the title is but does not want the car and does not know ANY thing about her money credit cards ect. So .....no willeither. What do I do now ...Anything ...Or just best to not get involved.....Or worry.....

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: To the extent that you likely land at the top of the list to be the personal representative of your sister's estate, you might need to act.

How and to what extent you need to act will depend on your sister's assets. Most importantly, you'll need to address any bank accounts, investments, vehicles, and any other assets held solely in your sister's name. This may involve the need to open a probate estate to transfer those assets, for which a lawyer's assistance could save you some considerable hassle.

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: No one is REQUIRED to take on the job of handling someone else's Probate Estate. There are reasons you may WANT to do that, and when there is no will, as a blood relative, you probably have some degree of 'preference' to allow you to act if you want to. You should consult with a local probate attorney to determine if it makes sense to act and whether or not you feel it is 'worth it' to you.

Part of your consideration about whether or not acting makes sense is that If you don't act promptly, your sister's creditors will gain preference to act, and they may not carefully control probate costs such that you end up with far less than you would otherwise.

Seek local representation to determine your best course of action.

--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!

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