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I live in Michigan. My father passed away 3 years ago and left his house to my sister and me. She lives in the house. She was given the will to file and she still hasn't. She also refuses all communication with me. Do I have any legal recourse?
6 ANSWERS
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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I don't know if it is "illegal" i.e. you would be arrested, but it is required a person file a will in their possession with the probate court within approximately 30 days following the date of death. If you are an "interested person" in the estate, which it appears you are, you can retain legal counsel and file to open a probate estate.
Answered on Jun 06th, 2013 at 8:23 PM
Business Law Attorney serving Mount Pleasant, MI
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Office of Michael Hyde PLLC
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Your option is to file suit in probate court, requesting the court to take jurisdiction over your father's will. It would seem from your comment that she has not opened a probate case for your father's estate. The court will require her to disclose the contents of the will. You can also petition to be named Executor of the will so that you can oversee the distribution of your father's estate.
Answered on Jun 05th, 2013 at 10:20 PM
If the house is just in your father's name, the will need to be filed and probated.
Answered on Jun 05th, 2013 at 10:20 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes, there are a number of things you can do. You can file to open a probate estate and ask that the judge compel her to produce the Will. You can also potentially move into the property. If you both are beneficiaries under the Will, then you both are entitled to possession. Of course, you would both be responsible for taxes, insurance and utilities, as well. So you need to be sure this is a battle you want to fight. I would suggest you meet with a probate lawyer before deciding how to proceed.
Answered on Jun 05th, 2013 at 10:20 PM
Yes, you can either retain an attorney to demand that she probate the will; or you can open up the Estate yourself in the Probate Court for the county in which your mother resided. A person in possession of a Will which needs to be probated is required by law to present it to the Probate Court.
Answered on Jun 05th, 2013 at 10:19 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Petition the Probate Court to pen a formal estate with just yourself as the Personal Representative. If she is the Co-Personal Representative or the named Personal Representative, she will show up in court for the hearing with the Will. Be sure to claim in your petition the allegations regarding the existence of a will. After the estate is opened, subpoena her to appear in court with the will. If you know the attorney, ask him for a copy.
Answered on Jun 05th, 2013 at 10:19 PM