QUESTION

Is my mother entitled to receive that settlement now and in turn are we as children entitled to any of the money from that?

Asked on Jun 10th, 2013 on Estate Planning - Michigan
More details to this question:
Recently my father passed away and is in the middle of a settlement that will easily reach six figures because of an auto accident. He wanted the entire thing to go to my wife and I but passed away before he drafted a new will.
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2 ANSWERS

Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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If this is a Michigan matter, it is likely that your mother would be entitled to a sizable chunk of the settlement. You really need to have a probate attorney review all of the circumstances, however, because there are facts that could change that.
Answered on Jun 11th, 2013 at 10:34 PM

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Municipal Law Attorney serving Paw Paw, MI at Mark A. Manning, P.C.
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If this is a wrongful death case, then Michigan law has a procedure for claims made in the action and payment which supersedes simple probate law . It recognizes the claims of other family members. Now, how much, etc. is fact driven. But you should have received notice of a wrongful death matter. If it was not a wrongful death matter, then normal probate procedure would be followed and the court would typically be required to follow the dictates of the will.
Answered on Jun 11th, 2013 at 11:30 AM

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