Ann Arbor, MI asked in Estate Planning and Probate for Michigan

Q: Can I claim Unclaimed "properties" as a grandchild if the legal representative (executor/administrator) can't be reached

According to the State my deceased grandmother has unclaimed "property" and the then executor/administrator has not been able to be reached after about a year of attempts. I'm guessing the "property" is nearing the time the state can claim it and take it (I'd hate to see it go to them). I don't know if I was in the will or not but the other party that's known to have been on the will that was has no interest in going after it. I have requested a copy of the will from the courts. My grand mother passed away 14 years ago.

Related Topics:
1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Howell, MI
  • Licensed in Michigan

A: Heirs can submit claims, but it gets harder with more documentation needed the further along the 'chain' you go. The EASY way is for the PR to make the claim for the estate, but that would also probably require reopening the estate.

If you can't find the PR any more or they have become unresponsive, I'd file the claim with the State as an heir and see what they need. Even if you weren't in the will at the time of probate, if a lineal ancestor was who has now passed you may be able to make a claim. If you have questions once you get a response from the escheats people, seek out local legal representation as they will be able to provide fact specific advice that you really can't get in a public forum like this!

-- 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

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.