QUESTION

What can we do to open our grandmother’s probate?

Asked on Nov 13th, 2013 on Estate Planning - Michigan
More details to this question:
My grandmother had (2) children my dad and aunt; my dad passed (7) years ago, he had (5) children (the only heirs) and my aunt never married and no children. My aunt recently passed 2/2013. Neither my aunt nor grandmother had a will or trust. My aunt had several hundreds of thousands of dollars in her bank account (because she often boosted about it, and often said that she did not need insurance because she had enough in the bank to bury her and my grandmother), my aunt had an insurance with the state of S.C. that my grandmother was the beneficiary to from teaching over 40 yrs and (5) properties between them (2) of which were rental properties. My other brother (R) lived with my aunt and grandmother for (9) yrs up until the passing of my grandmother and still have his cloths over there but my brother (T) cut off the utilities. My youngest brother (T) became my 94 yr old grandmothers "Executor". He (T) established a joint bank account with my grandmother and lied to the probate judge that my aunt did not have a bank account. To make a long story short, my grandmother recently passed 9/2013. Our youngest brother (T) have not spoken to us since the passing of our aunt, we fear that he (T) put the rental income, my grandmothers social security checks, money that my grandmother already had, my aunts bank acct along with the insurance payout check by tricking my grandmother to sign it all in this joint account that he (T) had with my grandmother. The probate for my aunt according to my calculation should end in 12/2013. Me and my siblings are on hard times (unemployed, dialysis patient, temporary employ) and cannot afford an attorney to fight our brother (T). We fear that we cannot recover any of the money in the bank acct. If we cannot open the probate for our grandmother due to our brother (T) wicked act of "greed for money" and simply not communicating with us at all because he knows what he is doing is wrong. What will become of the (5) properties?
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11 ANSWERS

Corporate/Business Attorney serving Beachwood, OH at Christine Sabio Socrates Attorney at Law
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While your brother may have been able to get the bank accounts by convincing your aunt and grandmother to put him on accounts, he would also be able to convince them to make the properties transfer on death to him as well. Given the complexity of this matter and the fact that there are two estates involved, I highly recommend that you speak to a probate attorney to review your case and discuss your options. Most attorneys offer a free phone consultation. You should take advantage of that so that you can see if it is worth pursuing. You may be able to go after your brother if he perpetrated any fraud or coercion on your aunt or grandmother to get them to turn everything over to him.
Answered on Nov 25th, 2013 at 12:01 PM

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Edwin K. Niles
This sounds like a bar exam question. You should see a probate lawyer ASAP. Jointly held assets go to the surviving joint tenant, and are not part of the probate estate.
Answered on Nov 18th, 2013 at 1:14 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Assuming you have a legitimate case, contact a probate attorney and see if the attorney will represent you and your family on a contingency basis, in other words a percentage of your recovery from the estate; have the attorney open the probate immediately by filing a petition into probate court of the county where the grandmother died.
Answered on Nov 15th, 2013 at 1:27 PM

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Unless the five properties were put in joint names, too, someone will have to open probate. The personal representative has the power to investigate and try to recover the other assets. If those properties will be in probate, and they have value, then a lawyer for the personal representative would be paid out of the estate. Basically, if you don't get a lawyer in this case, the kid who moved fast and cleverly is going to win it all.
Answered on Nov 15th, 2013 at 1:27 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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Speak with an attorney NOW! Any interested person can open probate and you can take it from there.
Answered on Nov 15th, 2013 at 1:26 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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The answer to your question regarding the 5 properties depends on how they were titled. If they were in joint names, it is likely that the survivor is/was the owner. If not, they would need to go through probate. Without an attorney, you have no realistic chance of prevailing, with regard to the other assets. Even with an attorney, you have a steep uphill battle.
Answered on Nov 15th, 2013 at 1:26 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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You will need to petition the probate court to closely examine your brother's actions and/or name someone else as executor of both estates. Check with your state bar association to see if there are programs that offer free or reduced price legal services. Law schools in the state may also have supervised students who can help you.
Answered on Nov 15th, 2013 at 1:26 PM

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Probate Attorney serving Las Vegas, NV
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You should hire counsel where you grandmother resided and in SC with regard to your aunt's estate as well.
Answered on Nov 15th, 2013 at 1:25 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You need to get a local attorney to represent you and pursue T in probate for the return of the property to the estate.
Answered on Nov 15th, 2013 at 1:24 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You and your unhappy siblings are going to have to hire an attorney to review all of you allegations in order to receive an opinion which you can rely on. just like you, attorneys cannot work for free.
Answered on Nov 15th, 2013 at 1:24 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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This cannot be answered over the phone..or on Law QA adequately except to say: Your best bet is to HIRE A PROBATE ATTORNEY in the state where your aunt died. If there is as much money in the estate as you say... except for initial costs the attorneys fees should come out of the estate.
Answered on Nov 15th, 2013 at 1:23 PM

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