Login|Contact Us
Question and Answer

Estate Law

Ask an Estate Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

What is the first thing I need to do at this point? My mother

 
TMcJD's Avatar
  • Answered by:TMcJD
  • Attorney
  • Positive Feedback: 98.4 %
  • Accepted Answers: 2977
Verified Expert
in Estate Law

Recent Feedback

Positive
great answers and really quick--might have offended him but didn't mean to
Positive
TMcJD got back with me promptly on a somewhat complex matter. Highly...
Positive
I spoke with TMcJD today and, he was very helpful with giving good advice and...
Positive
Answered my question promptly and professionally. Thanks
Positive
Although I did not receive the answer I sought, TMcJD was very prompt and...
Positive
quick response and throurough.
Positive
The original answer was very thorough and detailed. Thak you.
Positive
Not the answer I was looking for but you did answer my question thank you

Customer Question

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.

 

Optional Information:
State/Country relating to question: Michigan

Already Tried:
NA

Submitted: 320 days and 4 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED
Picture
Expert:  TMcJD replied320 days and 4 hours ago.

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.

Customer replied320 days and 3 hours ago.

Since the property is located in Tennessee, I assume we follow their laws rather than Michigan laws. Is that correct?

Accepted Answer

Picture
Expert:  TMcJD replied320 days and 2 hours ago.

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.

TMcJD41092.7793383449

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 98.4 %
Accepts: 2978
Answered: 7/2/2012

Experience: Wills, Trusts, Probate & other Estate Matters

Ask this Expert a Question >
 
Tweet

11 Estate Lawyers are Online Right Now

Ask Your Question Now
Estate Law Questions Date Submitted
estate law 5/13/2013
Short version: Background for the question: Over time lent 5/9/2013
Another question, my husband has dementia and he is rapidly 5/8/2013
It would help if the estate attorney had some experience with 5/5/2013
Because of your great help before I am back with new questions.This 4/27/2013
Does a family trust that includes real estate need to be recorded 4/20/2013
PR-fvh 4/16/2013
BRITISH COLUMBIA Estate Law is what we need. My InLaws have 4/10/2013
In Washington State Estate Law which takes precedance regarding 4/6/2013
What penalty if any can be charged when property is willed 3/29/2013
RSS
Next 10 >
Ask an Estate Lawyer
Type Your Estate Law Question Here...
characters left:

Top Estate Law Experts

See More Estate Lawyers

JustAnswer in the News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask an Estate Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
197 Estate Lawyers are Online Now
Type Your Estate Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan