QUESTION
Is my father’s will still valid if he died 5 years ago and the executor has still not filed the will in the state probate court?
Asked on Apr 28th, 2014 on Estate Planning - Michigan
More details to this question:
My father died 5 years ago and he left his house to his five kids. My sister is executor. She has not filed the will in Michigan probate court yet. Is this will still valid? What happens if one of us siblings dies before she files?
3 ANSWERS
The estate should be started and the will filed. Any child should be able to petition to open the estate. I hope the original will is still around. See an attorney if you have to if your sister do not probate the estate.
Answered on Apr 29th, 2014 at 1:44 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This is two questions: First, The will is still valid. If your aunt has not "filed the will" or distributed the estate you can file a probate petition yourself and ask to be appointed personal representative of the estate you can ask her for a full accounting of the estate. Second, the heirs become fixed at time of death.. so if a heir subsequently dies that heirs portion of the estate goes to that persons heirs...In the absence of a will I believe it would go to her children, and if she left no children, to her mother, if mother predeceased her, then split equally with her siblings (brothers and sisters). I advise contacting an attorney.
Answered on Apr 29th, 2014 at 1:37 PM
Criminal Defense Attorney serving Southfield, MI
Partner at
Law Offices of Ezra N. Goldman P.C.
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Yes - it is valid. One of the required forms for opening an estate asks if there is a will or not. If you say there is one, you have to give it to the Court. It is hard to see how she would have gotten this going without filing the will. If one of the sibling dies, his/her heirs would get that share. Since your siblings were alive on the day dad died, their share is already earned.
Answered on Apr 29th, 2014 at 1:36 PM