My question involves estate proceedings in the state of: Michigan
My father died exactly one year ago in the state of Michigan. My lawyer in Michigan has gone through the probate proceedings and I'm one month from closing the case. I was the personal representative, as nobody else wished to perform the role. My father had two grown sons from a previous marriage, whom he hadn't spoken with in years. I was able to make some contact with one of the brothers, and he said he didn't want any part of the estate (valued at $25,000). My other brother did file the paperwork where he did not contest my appointment as personal representative. Obviously there was no will, so the lawyer is advising me to split any remaining funds three ways. However, on multiple occasions the one brother said he wanted nothing to do with the money. I haven't had any contact with the other brother in the year since the death.
I'm assuming that this part of his family, who I don't know, either don't need the money or don't want to be involved with any potential issues relating to the estate. I've discussed this with my attorney, but she insists that it must be divided three ways. Is there any way I could get either party to sign away their rights to the estate. And if I did send them the check, but it was never cashed (I don't know 100 % I have the proper address), what would happen to that portion?
I'm not concerned about either of them filing any complaint if they didn't receive money. I also don't have many possessions in my name for anyone to come after in the event they changed their mind down the road. The estate is scheduled to be complete by next month, and as of now no creditors have come forward asking for money.
Thanks for any advice.
My father died exactly one year ago in the state of Michigan. My lawyer in Michigan has gone through the probate proceedings and I'm one month from closing the case. I was the personal representative, as nobody else wished to perform the role. My father had two grown sons from a previous marriage, whom he hadn't spoken with in years. I was able to make some contact with one of the brothers, and he said he didn't want any part of the estate (valued at $25,000). My other brother did file the paperwork where he did not contest my appointment as personal representative. Obviously there was no will, so the lawyer is advising me to split any remaining funds three ways. However, on multiple occasions the one brother said he wanted nothing to do with the money. I haven't had any contact with the other brother in the year since the death.
I'm assuming that this part of his family, who I don't know, either don't need the money or don't want to be involved with any potential issues relating to the estate. I've discussed this with my attorney, but she insists that it must be divided three ways. Is there any way I could get either party to sign away their rights to the estate. And if I did send them the check, but it was never cashed (I don't know 100 % I have the proper address), what would happen to that portion?
I'm not concerned about either of them filing any complaint if they didn't receive money. I also don't have many possessions in my name for anyone to come after in the event they changed their mind down the road. The estate is scheduled to be complete by next month, and as of now no creditors have come forward asking for money.
Thanks for any advice.
Heirs and Beneficiaries: Difficulty in Contacting Heirs
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