QUESTION

will

Asked on Jun 08th, 2013 on Wills and Probate - Michigan
More details to this question:
,my mom just passed there is 7 of us kids and my sister had my mom change the law when she passed we asked her to to see the will she refused to let us see it but all are names were suppose to be in the will how can we find out what is in the will and who the lawer is
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1 ANSWER

Criminal Defense Attorney serving Williamston, MI at Law Office of Robert G. Fleming
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Under Michigan law a will must be admitted to probate before any distribution can be made, in addition notice  must be sent to all Interested persons of the will and probate proceedings . Interested persons are defined below 700.3306 Informal probate; notice requirements.  Sec. 3306. (1) Within 28 days after an informal probate is granted, the applicant shall give written information of the probate to the heirs, devisees, a person who demands it under section 3205, and other interested persons. The applicant also shall give information of the probate to the attorney general, public administration division, if the devisees under the will would not be entitled to share in the estate but for the terms of the will and the decedent died without leaving any known heirs. (2) The information required by subsection (1) must include the applicant's name and address, the name and location of the court granting the informal probate, and the date of the probate. The information must be delivered or sent by ordinary mail to each person entitled to notice whose address is reasonably available to the applicant. There is no duty to give information as required by this section if a personal representative is appointed who is required to give the written information required by section 3705. An applicant's failure to give information as required by this section is a breach of the applicant's duty to a person entitled to notice, but does not affect the validity of the probate. (c) "Interested person" or "person interested in an estate" includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that has priority for appointment as personal representative; and a fiduciary representing an interested person. Identification of interested persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, a proceeding, and by the supreme court rules.
Answered on Jun 11th, 2013 at 12:48 PM

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