What is the first thing I need to do at this point? My mother died 11/11/09. I can't locate a will, even though she referred to the fact that I should sell the house and determine what to give to the two grandchildren. She had signed over everything else; e.g., bank accounts, car. I am the only surviving sibling and live in Michigan. I need to get the house sold (I live in Michigan). I'm paying for the upkeep of the house. My daughter had a niece whom I haven't heard from since the day of my mother's death.
State/Country relating to question: Michigan
Hello, I will be happy to assist you with your question. Please note that I cannot provide legal advice – I can only give you information concerning the legal issues raised by your question. I DO NOT receive credit for my work until you rate my answer as OK service” or higher. Please DO NOT RATE MY ANSWER as "Bad service" or "Poor service" (or the 2 stars on the left if you see stars), as such a rating leaves negative feedback for me personally. Instead, if you feel one of those ratings would be appropriate, please reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have, and I will be happy to continue further and do everything I can to provide you with the service you seek.Your Answer:If she didn't have a will that you can find, then her estate is considered intestate and would go to her heirs at law.Under Michigan law, her heirs at law, then the property is split between you and your siblings, with the share of your deceased siblings going to his/her own children (assuming that your mother was not married at the time of her death).http://www.mystatewill.com/statutes/mi_law.php
To start the process of administering her estate, including selling the home, you will need to open a probate estate and petition to be appointed administrator/personal representative of her estate. You will then need to obtain permission of the court to sell real property of the estate.The probate process is quite complicated and you should retain a local attorney for assistance with that process.As noted above, if you need clarification, please do let me know. And, again, I DO NOT receive credit for my work until you rate my answer as “OK service” or higher. Bonuses are always appreciated.If you later open a new question and would like my assistance, please begin the question with “To TMcJD….” This will ensure that only I answer the question. Thanks.
Since the property is located in Tennessee, I assume we follow their laws rather than Michigan laws. Is that correct?
Yes, but Tenn. law is substantially similar and the heirs would be the same.
If you need additional clarification, please do let me know. And, again, I DO NOT receive credit for my work until you rate my answer as "OK service" or higher. Bonuses are always appreciated.If you later open a new question and would like my assistance, please begin the question with "To TMcJD...." This will ensure that only I answer the question. Thanks.
Wills, Trusts, Probate & other Estate Matters
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