Davison, MI asked in Estate Planning and Probate for Michigan

Q: After death of parent..what rights do I have..other sibling won't speak to me..not knowing if will or anything..

Just some guidance what to do next

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1 Lawyer Answer
Trent Harris
Trent Harris
Answered
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: A person in possession of a deceased person's will has a legal duty to forward the will to the Probate Court in the county where the deceased person last lived. You could check with the Probate Court and see if a will is on file. Also, if you are a designated beneficiary under a trust, you should be receiving some sort of notice from the trustee that tells you what rights, if any, you have to the trust income or property.

If your sibling won't play ball, you could ask the Probate Court to appoint you as personal representative of your parent's estate. If you are appointed PR, you could use your statutory powers, and the court if necessary, to compel your sibling or another person to turn over documents about your deceased parent's financial and legal affairs. If your sibling opposes you being appointed PR, they would need to file their own petition to be appointed PR instead. In the course of that process, the court would hold a hearing, at which you might be able to find out (along with the court) if there was a will or not.

For further information, you should consult with a probate attorney in your area. It should not be overly expensive, and many attorneys are willing to offer a free initial consult.

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