QUESTION
If my husband passed away and we are still married can his sister still petition for head of his estate and I do not know it?
Asked on Nov 24th, 2012 on Estate Planning - Michigan
More details to this question:
My husband passed away three weeks ago. My question is we were married but separated not legally since I have found out his sister was changed to beneficiary of one of his life insurance policy before he passed she handled a lot of his finances and is not telling me. What I'm asking is since we are still married can she still petition for head of his estate and I not know it? For the things coming in that, are addressed in the estate of?
17 ANSWERS
Federal Taxation Attorney serving Livonia, MI
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Gold & Associates PC
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You have priority as surviving spouse. I suggest you consult with a probate attorney asap.
Answered on Apr 24th, 2013 at 2:51 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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She can request to be personal representative of his estate but it's not up to her - it's up to the probate division of the circuit court if he was domiciled in Missouri at the time of his death (i.e., lived in the state). If she does apply for personal representative you would receive a notice from the court. You also have rights in his estate since you were married. You would have the right to take against any will that he may have "cut you out of." You should seek the help of an attorney as this situation could present some difficult legal challenges.
Answered on Nov 28th, 2012 at 1:20 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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She has to give you notice of any court hearing to appoint an executor or administrator.
Answered on Nov 28th, 2012 at 1:19 PM
If he had no will, you can contest her petition to be administrator. As the spouse, you have priority over her under the law. You should consult a probate attorney about how to proceed.
Answered on Nov 28th, 2012 at 10:24 AM
Shadi Ala'i AlaiShaffer
Yes it is possible that she can do this but you have a legal right to have notice of the activities of the probate. However, you should consult an attorney asap to see what your rights are regarding this matter.
Answered on Nov 28th, 2012 at 6:22 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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No, if she petitions to be administrator of the estate she will have to give you notice. But the life insurance will pass according to a beneficiary designation, no estate administration will affect that.
Answered on Nov 28th, 2012 at 6:21 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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It is unlikely unless she commits some kind of fraud on the probate court.
Answered on Nov 28th, 2012 at 12:01 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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She could petition to be personal representative for the estate, but she would need to give you prior notice before doing so. There is a lesser known law that might allow her to indicate that you had abandoned the marriage. If she can prove that, then you would be treated as pre-deceased, for purposes of the estate. You will almost certainly want to retain a lawyer to assist you with this, as it sounds like the sister is likely to try to make things as difficult for you as possible.
Answered on Nov 26th, 2012 at 6:30 PM
3 Awards
In Nevada you would need to receive a copy of her filed notice of hearing with regard to her appointment and thereafter the Notice of Entry of Order appointing her to serve as the Executrix. Keep in mind that has nothing to do with her receiving proceeds of an insurance policy as that assets passes outside of probate. I urge you to meet with a qualified probate attorney in the area where you and your husband resided.
Answered on Nov 26th, 2012 at 6:29 PM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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Theoretically, she must provide you with notice. To be on the safe side, go to the probate court in the county where your husband lived. You may check the records to see if she has filed a petition to probate his estate.
Answered on Nov 26th, 2012 at 6:29 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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No, she should be able to, at least not without not telling the truth to the court. If she petitions to be appointed administrator, she is required to give notice to everyone who would have preference, and as spouse you would have preference.
Answered on Nov 26th, 2012 at 3:18 PM
Thomas Edward Gates
Since you still were married, you as a beneficiary must be notified of a pending appointment. If you were not, you can petition for a hearing to revisit the appointment. Obtain a copy of the will filed with the court to see what you may have been provided for from the estate.
Answered on Nov 26th, 2012 at 3:17 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate litigation lawyer to represent you as you may be entitled as a spouse to an interest in the estate of your deceased husband. Can his sister petition to administer the estate? Yes, but so can you. You should oppose any petition she brings and seek appointment. As to life insurance proceeds, the named beneficiary is entitled to the proceeds unless the beneficiary named was obtained by menace, duress, or fraud. Don't delay, as I see litigation on the horizon.
Answered on Nov 26th, 2012 at 3:14 PM
Anyone with an interest in or connection to the deceased can petition to be named executor of an estate. Part of submitting the petition is notifying everyone else who has an interest in or connection to the deceased that this person has applied to be named executor. A judge will make the final decision after a hearing to determine whether the petition should be granted.
Answered on Nov 26th, 2012 at 3:13 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Your question is not very clear. If your husband left a will nominating his sister as executor, then she can serve as executor. If the will mentions you, then you get only what the will leaves you. You may have the right to a considerable amount of information and can get a copy of the will from the court, if not from your sister-in-law or her lawyer.
Answered on Nov 26th, 2012 at 3:11 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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If your husband didn't have a will, then you would have priority to serve as personal representative of the estate. If your husband had a will naming his sister as personal representative, you still would be entitled to notice that the estate has been opened. You also would have the right to elect to receive a portion of his estate.
Answered on Nov 26th, 2012 at 3:11 PM
You are a protected, natural heir who should be notified of the sister's filing for probate administration of your husband's estate. If no divorce was pending, changing of the beneficiary on life insurance would be within his rights. Otherwise, unless he made a will naming her to administer his estate, the probate court likely would appoint you.
Answered on Nov 26th, 2012 at 3:10 PM