Romulus, MI asked in Estate Planning, Real Estate Law and Probate for Michigan

Q: Single mom left no will. Only daughter showed to court as personal Rep. Do I need to involve grandchildren still?

I lived with my mom my whole life. I am the only living child besides one grandson that didn't show up to court. I plan to continue living in the house which is her only property. Do I need to involve him if there is nothing for him to inherit?

2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Is this grandson your son? If so, then no, you don't need to include him. If he is the child of a sibling that is deceased, then yes, you do need to account for him. If he is the only grandson, he would inherit whatever his mom or dad (your sibling) would have received. If you had just one sibling, your mom's estate would be divided in half, and the grandson now would receive half. The estate includes your mother's house even if you plan to remain in it.

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Howell, MI
  • Licensed in Michigan

A: What Mr Geers states is correct, but it makes several assumptions (IS the house in the estate? We can't really say FOR SURE without seeing the deeds etc.).

Therefore it is REALLY important that you consult with a local probate attorney to review ALL the facts to insure you're proceeding properly. But yes, you probably do need to at the very least inform the grandchild what is going on -- and if that grandchild is under the age of 18 there are more complicated issues too.

Again, consult with a local attorney.

-- 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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