Q: After consulting a lawyer, I am still confused about whether I should open a probate case or leave it alone.
My significant other died in January before he could sign the latest will we had prelared, so I was told everything would go to his only child, his daughter, unless I could find the hand-written will he signed in 2015 and then we would open probate. After I found the will, I was told to keep it safe and there was no talk of probate. I don't know why the change unless she thought the estate was too small to bother about. There is no real property other than a few valuable items, but his former family has been horrible, including threatening me. I feel like things are too unsettled.
A:
So it sounds like you found the hand-written 2015 will? If so, the will may have legal effect, since holographic wills can be enforced in Michigan. The decision whether to open probate depends on the assets of the estate, and the purposes that would be served by having a personal representative appointed.
If you are named as personal representative in the 2015 holographic will and you need legal authority to wind up your deceased significant other's affairs, maybe probate is the way to go. But if the valuable items are not of much value, were left to you in the will, and are already in your possession, then maybe you don't need to open probate. Be advised though, the daughter has the right to claim exempt property of the estate under MCL 700.2404. That right may conflict with your right to the property if it has been left to you in the 2015 will.
In any event, it's hard to say what the other attorney was thinking - have you followed up with the other attorney? This area of the law, and the contingencies that are involved in the fact pattern you've given, is complex and your questions can't be answered without an attorney knowing everything that's involved. You should talk to your attorney, or find another one to give you clarification.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from internet discussion boards, such as this one.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
