QUESTION

My father died in Michigan and I don't know if he had a will. I am the oldest child and have 3 younger siblings. He has a wife who won't speak to me

Asked on Nov 16th, 2021 on Estate Planning - Michigan
More details to this question:
I want to know if I am entitled to any part of his estate before my step mom blocks me or my brothers . She won't speak to me. My father and I were on good terms and I know that he would have made arrangements for all his children. What do I need to do .
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1 ANSWER

Estate Planning Attorney serving Dimondale, MI at Cornerstone Legal PLLC
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Hello.  I'm sorry to hear about the loss of your Father.  Whether you or your siblings are entitled to any part of your Father's Estate depends on many factors.  If your Father died without a Will, the Michigan laws of intestacy would dictate how his Estate is distributed.  If he has no children with his current wife, she would be entitled to a portion off the top of his Estate and a percentage of the remainder.  The other percentage of the remainder would typically be distributed equally to his living children.  But there are other factors that can affect this.   If your Father died with a Will, once the Estate is opened, you are required to be notified.   If your Father died with a Living Trust, only beneficiaries of the Living Trust are generally notified and the administration process is not public.   Additionally, there could be assets that won't require probate administration because he named a joint or successor owner, or a beneficiary.  
Answered on Dec 01st, 2021 at 2:05 PM

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