Q: Adult child dies in Michigan. Mother raised child. Father never involved. Does the absent father get 1/2
My 40 yr. old daughter was found dead on 3/2/24. I raised her alone all of her life. Adult child's father was never present, never paid child support, don't know where he lives. Adult child has no children. Adult child was mentally ill. Does the father get 1/2 of her small estate?
A:
On its face, yes, the father would receive 1/2 of the estate. BUT, see MCL 700.2114 that says in part:
"(4) Inheritance from or through a child by either natural parent or the child's kindred is precluded unless that natural parent has openly treated the child as the natural parent's child and has not refused to support the child."
The father would need to show he openly treated your daughter as his child. The intent of that statute is to preclude parents - particularly absent fathers - from coming around with their hand out when they have not otherwise been around.
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.
