Q: Biological father passed. Haven’t seen the will. Brother has will and states that everything is left to him and that I
am listed as living daughter. Everything going through probate. Told me there is Exempt Property Allowance that I would be entitled in Michigan half of $15,000. He doesn’t think I am entitled because my “father” never had a relationship with me. He also says that if I take this money I will have to file a 1099 and pay taxes on this. And since he plans on keeping the house, says all debt is coming out of his pocket and only want to give me $6,000 so I avoid any taxes. I don’t have money to get a lawyer. Any advice ? Thank you
A: You don’t pay taxes on a small inheritance. Have you seen the will with your own eyes? Sounds like he is trying to pull the wool over your eyes.
A:
If there is a will, it must be submitted to the probate court, from where you may obtain a copy. You are also entitled to receive copies of everything your brother files.
Now, it's possible that the will disinherits you; in which case your brother would be right. Other than that, it does not matter whether you had a relationship with your father or not if it's established that you are his child. In fact, the law actually works just the opposite in that regard.
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