QUESTION
What legal right does my brother and I have for information regarding his will and estate when we believe the executor is untrustworthy?
Asked on Nov 11th, 2020 on Wills and Probate - Michigan
More details to this question:
My dad committed suicide September 19th 2020. His will listed his sister as executor. She has long disowned me believing my dad wasn't my legal father (I have proof he was). Since my dads death, she (and his lawyer) have been avoiding our calls for any information about his will, his bank account (which has been frozen due to our belief his sister would drain it. She tried) or any information about documents the lawyer claimed to have filed with courts (courts claim nothing has been filed in my dads name)
1 ANSWER
2 Awards
If no Will has been filed, hire a probate attorney to file an Application for Determination of Heirship and Issuance of Letters of Administration (or the Michigan equivalent) and apply to administer your father's estate. If there is a Will which names your sister as executor and gives her more than she would get as an heir, this will prompt her to submit it to the court. If there is not, once the court appoints you administrator, you will have legal authority over all your father's assets. You must gather them, pay his estate's bills and divide the rest according to Michigan's laws of inheritance.
Answered on Nov 12th, 2020 at 5:21 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.