QUESTION
If my dad passed with no will, his new wife will not allow me access to anything of his, what are my legal rights?
Asked on Jul 18th, 2013 on Estate Planning - Michigan
15 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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As he died without a will it is up to the laws of the state in which he resided at the time of his death.
Answered on Jul 25th, 2013 at 12:04 AM
Thomas Edward Gates
In a community property state, each spouse owns one-half of the estate. Since there is no will, your father's one-half is divided with one-half of the half will go to your step mother. The remaining one-half (1/4 of the estate) is divided equally with the children. You can petition the court to initiate probate.
Answered on Jul 25th, 2013 at 12:04 AM
She gets half and the children who are not hers get half.
Answered on Jul 25th, 2013 at 12:04 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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If everything is in joint names between your father and his new wife, there are no assets that have to be probated and you are not entitled to anything. If there are no assets to be probated and you want specific personal items of your father, ask for the specific items from your step-mother and tell her you do not want anything else.
Answered on Jul 25th, 2013 at 12:04 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If he owned anything in his sole name (not jointly with her) then petition the court for the administration of his intestate estate. Things he owned in his sole name will be split, 50% to her and 50% to you and your siblings.
Answered on Jul 25th, 2013 at 12:04 AM
2 Awards
File a petition for probate if the estate exceeds $150,000. You have a right to a portion of his estate by law if he died without a will or trust. If the estate is less than $150,000, you may just want to pay an attorney to write her a letter advising her of the law and telling her what you want and see where it goes from there.
Answered on Jul 25th, 2013 at 12:04 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In Michigan without a will and with a wife that is not the mother of the deceased children I believe the mom gets the first $50K of the estate and 50% of the balance the other 50% goes to the children write her a letter asking for the information. If she does not respond.. get a copy of your dad's death certificate and file a probate action requesting to be named personal representative of his estate then YOU have legal power to investigate. Obviously I recommend hiring an attorney to assist with this.
Answered on Jul 25th, 2013 at 12:04 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It depends on how his property was titled. If joint with wife she is owner by operation of law upon his death.
Answered on Jul 25th, 2013 at 12:04 AM
First step: file a Demand for Notice with the Probate Court. Second step: file an Application for Probate with the Probate Court. Third step: consult with an attorney who specializes in estates.
Answered on Jul 25th, 2013 at 12:04 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Has an estate been opened for your father? This can be tricky and I would recommend you retain counsel. If your father had a will it operates only as to assets that are titled in his name alone. In all probability, he has titled everything jointly with the wife. If there is a will, you can contest it but only after he dies. An estate would have to be opened quickly in the probate division of the circuit court of the county that he lives in at the time of his death. You should seek legal advice from an attorney.
Answered on Jul 25th, 2013 at 12:03 AM
Depending on the state your father resided in at the time of his death, you may have a claim to some of the estate. Often assets are divided up between the surviving spouse and any living children. Check state statutes for specifics.
Answered on Jul 25th, 2013 at 12:03 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the assistance of a probate litigation lawyer to assist you in forcing the new former wife to account for your father's estate.
Answered on Jul 25th, 2013 at 12:03 AM
3 Awards
It all depends upon how the assets were titled. You should speak with an attorney in the community where your father lived.
Answered on Jul 25th, 2013 at 12:03 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can file a petition in probate court to open an estate. You can ask that you be appointed personal representative.
Answered on Jul 19th, 2013 at 10:56 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The length of the marriage does not matter for probate purposes. The widow is in a strong position under Michigan intestate laws. Unless an asset was jointly owned between your father and you, then you may not have any recourse. You should meet with an attorney, review all of the asset records and determine what your rights are, if any.
Answered on Jul 18th, 2013 at 2:55 PM