QUESTION
How can we properly split the assets?
Asked on Jan 02nd, 2013 on Estate Planning - Michigan
More details to this question:
My aunt just passed Nov 2012. She left 2 family member to be her pr, she had 1 sibling my mother who is deceased. Her husband is deceased and so is her parents she had no children the remaining survivors is my mother children she left 2 family to divide up her estate among the rest of us the two family members have taken and spilt everything among them self and children, what can the rest of us survivors do about this situation?
12 ANSWERS
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You need to speak to a lawyer that handles estates and probate matters. It is not possible to answer your question in this forum. Much depends on whether your aunt had a will, whether her estate should pass by intestacy, and whether her assets were held in joint tenancy.
Answered on Jan 10th, 2013 at 2:54 PM
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If there is a will or trust you need to go to court to enforce the terms.
Answered on Jan 10th, 2013 at 2:54 PM
Administrative Law Attorney serving Sherwood, OR
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Employment Law Professionals Northwest LLC
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Much depends and the amount involved in the estate. If your aunt died intestate (without a will) there are very specific guidelines for settling the estate. If the estate is probated you can make a claim against the estate. You should have received notice of the estate and the assets to be dispersed. You should consult an attorney who handles estate and probate matters.
Answered on Jan 08th, 2013 at 4:36 PM
You do not say if she left a Will. Is she did the property passes by the Will. Another possibility is joint tenancy accounts. Is she used these, then the property can pass by the accounts. If none of those, then the property passes by her heirs at law. In Oregon, ORS Chapter 112.045 Share of others than surviving spouse. The part of the net intestate estate not passing to the surviving spouse shall pass: (1) To the issue of the decedent. If the issue are all of the same degree of kinship to the decedent, they shall take equally, but if of unequal degree, then those of more remote degrees take by representation. (2) If there is no surviving issue, to the surviving parents of the decedent. (3) If there is no surviving issue or parent, to the brothers and sisters of the decedent and the issue of any deceased brother or sister of the decedent by representation. If there is no surviving brother or sister, the issue of brothers and sisters take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation. (4) If there is no surviving issue, parent or issue of a parent, to the grandparents of the decedent and the issue of any deceased grandparent of the decedent by representation. If there is no surviving grandparent, the issue of grandparents take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation. (5) If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship. [1969 c.591 ?22]
Answered on Jan 08th, 2013 at 4:35 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Hard to tell from those limited facts, but you may need to go to probate court.
Answered on Jan 08th, 2013 at 4:35 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Was a probate case initiated? Was there a will? If there was a will, then you have to review the will to see if the property was split the way your aunt wanted. She may not have liked the other family members. If there was no probate case started, then you should get an attorney to start one to investigate if the property was spit properly.
Answered on Jan 08th, 2013 at 4:34 PM
At this point, the assets should have been secured but not distributed, pending determination of her heirs by a court. You can petition the probate court to appoiint a new personal representative and require the 2 family members to disgorge all the assets they have distributed.
Answered on Jan 08th, 2013 at 4:34 PM
File an application to determine heirship.
Answered on Jan 08th, 2013 at 4:33 PM
To properly distribute your Aunt's estate in Florida, you will need to probate her estate. Your Aunt's probate can be initiated by anyone who is an interested person, if you have an interest as a beneficiary, you can start the probate process. From that point the court will oversee that the estate is properly distributed to the appropriate beneficiaries. You should contact a Florida probate attorney to discuss how to file the probate proceedings. If anyone took any of your Aunt's property without the benefit of a probate and there was a will expressly distributing the property to someone else, then you may have other legal recourse. Your first step is to obtain the original will (signed) and file with the court.
Answered on Jan 08th, 2013 at 4:33 PM
If there is a will, the personal representative(s) will have to follow the will.
Answered on Jan 08th, 2013 at 4:32 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Someone would need to sit down with you and go through the family tree, because it is confusing to me. You do not say whether an estate is open or not. If not, then there is nothing that ANYONE can do, until that happens.
Answered on Jan 08th, 2013 at 4:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with whatever paperwork you have. Your aunt's estate should either be divided according to her will or properly documented instruction or in accord with the laws of intestacy.
Answered on Jan 08th, 2013 at 4:31 PM