If your father did not have a will he is considered to have died intestate. The laws of Michigan detail how the estate of an individual who dies without a will should be divided. The spouse is the first person to receive the inheritance. If there is not surviving spouse then the estate is divided between the surviving children. If you are the only living child, then you should receive the entire estate. Your father's brother is a collateral heir who would inherit only if there were no surviving children. It sounds as though no one has filed a petition with the county probate court to open your father's estate and be named personal representative. You should do this immediately. The personal representative (PR) of the estate can require all assets taken from the estate without court approval to be returned to the PR for distribution under the statutory scheme. You may want to retain an attorney if the estate has value.
Answered on Aug 21st, 2014 at 8:22 AM