Brighton, MI asked in Estate Planning for Michigan

Q: How do I open an Estate in Michigan if a will is being hidden from the family by a new wife of the departed

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2 Lawyer Answers

A: If one has not already been open, and you are an heir, you can petition to open a probate estate. You'd probably want to open it as a formal proceeding given that it will likely be contested. You would need to serve notice on the wife because she would have priority for appointment as PR. And you'd need to prepare an answer to the question: "how do you know he had a will and that she's now hiding it?"

Keep in mind, even if a will is discovered that leaves nothing to the wife, she will be entitled to take what's called the spouse's elective share, which in many cases is at least a large majority of the estate.

A: You need to assess whether or not it makes sense to contest anything, and what there is that may be subject to probate.

Don't file ANYTHING with a Court without legal advice as it may make no sense to do so and will likely cost you much time and effort not to mention money if you file something inappropriate.

Seek local legal counsel ASAP with as much documentation as you can (death certificate, wills you know of, etc.) and do that yesterday. If the estate is in Livingston County, please call and we can determine what if anything you should do.

--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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