Q: Dads will made up in Michigan,previous resident of Michigan. He moved to Florida,died in Michigan. Where is will read?
So my dad was a previous Michigan resident. When he retired they moved to Florida. His will was written in Michigan, but as a resident of Florida. However he died in Michigan, as he was in Michigan getting chemo treatment, where he became terminal and never was able to return back to Florida. Also the will is in Florida, so I would have to fly down there to get the will if needed to be read in Michigan.
A: Someone will need to open a probate. Probate is a legal procedure for transferring assets from a deceased person (your dad) to his heirs. The Will merely instructs the court as to how the assets should be distributed.
Probate should be opened in the State where your father resided at the time of his death, which presumably is Florida (but might not be. If he had the intent to return to Michigan, still had a Michigan driver's license, etc., he could technically still be a Michigan resident.)
However, a second probate, called an "ancillary probate" may be necessary in other states. If your father owned real estate in both Michigan and Florida, a probate will be required in each state.
A: Wills are not 'read' in the classic Hollywood sense any more. Probate is 'opened' in the state where the deceased resided at the time of his/her death, and the will (if it is valid in the state and at the time it was signed it will be recognized in all other states as part of the 'full faith and credit' provision of US law) will be probated according to its terms and the state law where the probate is occurring. "Ancillary" probate is less common now and only really likely if there is real estate in more than one state, but the BEST advice is to seek the help of a local probate attorney in the area where your father lived at the time of his passing, and also in the location of any real estate if there is property elsewhere.
Don't be 'penny wise and pound foolish' and thing that legal advice will cost 'too much'. A good lawyer can SAVE you money! Seek local legal help.
-- 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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