QUESTION
Should we go the County Clerk’s Office to obtain a copy of the will if there is one?
Asked on Mar 15th, 2017 on Estate Planning - Michigan
More details to this question:
This is really for my nephew. He's pretty dumb and non-pro-active. His stepfather died. He has two brothers who are not talking. Should my nephew hire a lawyer to claim any inheritance or 401k build up? I hate to see the young man miss his one big chance to claim what may be legally his.
1 ANSWER
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The first place to look for a will is in the parent's private papers. Second would be at the Probate Court - not the County Clerk. Was there a safe deposit box at the bank? If the decedent was a step-parent, your nephew would only be an heir if there is indeed a will. Otherwise, he is not legally considered an heir. Is your nephew's mother still living? Is she still married to the step-father? If not, were they legally divorced? Or just separated? There are many possible scenarios to explore. Your best bet is to gather as much information at possible and consult an attorney regarding your nephew's specific situation.
Answered on Jun 07th, 2017 at 6:36 AM