QUESTION
Can we go back after mother died two years ago, dad left children out of will and enforce legal separation (no will) two years?
Asked on Oct 18th, 2012 on Estate Planning - Michigan
More details to this question:
Dad was wealthy, will I believe has left me only 5%, Grandchildren got 80% of everything. Dad died last Saturday.
11 ANSWERS
3 Awards
Your question appears to depend upon if the assets were actually separated and if the separation was effectuated. This is a complicated issue. I suggest that you sit down and have a consultation with an attorney who can review the legal separation documents, any wills signed by either parent, etc.
Answered on Oct 23rd, 2012 at 2:53 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You probably can. We would need more information and be able to examine documents to understand the issues.
Answered on Oct 23rd, 2012 at 2:53 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. Most likely, when mom died, all of the assets became the property of dad. If this happened, then there was nothing to pass under mom's Will, at all. In the unlikely event that mom DID have assets in her name alone, then her estate would have had to be probated. If this was the case, then I would review her Will with a lawyer.
Answered on Oct 23rd, 2012 at 2:53 PM
It is important that you deal with this problem immediately. The rights of everyone could be determined by what you refer to as a "legal separation". Was this pursuant to a written agreement Or a court order It is essential that you consult with an attorney to determine your rights. Best wishes,
Answered on Oct 23rd, 2012 at 7:56 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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I understand you to say that first Mom died with no will. That means that all community property goes to Dad. If she had any separate property, and if you were her only child, you are entitled to half of the separate property. If she had any separate property, and was survived by two or more children, (or by one and the surviving descendants of predeceased children, then two-thirds of the separate property goes to the issue.
Answered on Oct 23rd, 2012 at 6:48 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to file a petition in the probate court to administer his estate immediately. This way you will determine who is entitled any part of the estate. Get yourself a probate litigation lawyer/attorney ASAP.
Answered on Oct 23rd, 2012 at 12:28 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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The question cannot be answered as it is completely unclear.
Answered on Oct 22nd, 2012 at 11:30 PM
There are many different provisions of the probate code (now known as Estates and Protected Individuals Code... or EPIC) which may come in to play here. If your Dad was wealthy, it is important to hire an attorney right away and find out about the assets before they all start to disappear.
Answered on Oct 22nd, 2012 at 11:21 PM
Neal Michael Rimer
If you Dad did not comply with the terms of a Trust when your Mom died and assets were suppose to be divided then, it is possible to fix all of that now. If there was a Will done by your Mom and she left everything to your Dad, then your Dad can do what he wants in his Will or in his Trust. The documents and facts need to be obtained to be able to give any advice.
Answered on Oct 22nd, 2012 at 10:33 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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The questioner needs to clarify what they mean by "enforce legal separation (no will)."
Answered on Oct 22nd, 2012 at 10:29 PM
Wait until the will is read or probated. If you are not happy with your share, talk to an attorney. If the will is valid you will only get what was given to you.
Answered on Oct 22nd, 2012 at 10:22 PM