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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9298
Experience:  Since 1983
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I have come across a "note" of a deceased person who has not

Customer Question

Hey, I have come across a "note" of a deceased person who has not mentioned the "mortagage" in his will. All his assets have gone to neighbors who helped care for him in his final years but the note was not part of his will. How can I acquire the note?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.Here probate if closed would need to be reopened to collect the income from the note.If there has been a default the estate can seek to foreclose.

The asset note here would fall under the residual clause if there was one otherwise the probate court has to determine who inherits it.

Most wills have one of these..

I give the rest of my estate (called my residuary estate) to my husband, Tex. If he does not survive me, I give my residuary estate to those of my children who survive me, in equal shares, to be divided among them and the descendants of a deceased child of mine, to take their ancestor's share per stirpes.

It would fall under this.The executor is obligated to pursue the collection here of the funds for the benefit of the estate once it is made known to him.

I appreciate the chance to help you today.
Please let me know if you have more follow up.Thanks again.

Expert:  RayAnswers replied 1 year ago.

Check the will it likely has a residuary clause similar tot he sample above.

Customer: replied 1 year ago.
Will did not go to probate. Was dealt with as a "simple" will. State is Michigan, so "here" in your answer is NOT of any value to me.
I am not related to the deceased. What are my options to claim the note?
Expert:  RayAnswers replied 1 year ago.

Then here you return to court and the probate judge may apply the laws of intestacy if the will has no residual clause.

Here is the will I think you reference and here is the clause in that will.

2.3 ALL OTHER ASSETS.

I give everything else I own to my spouse. If I am not married at the time I sign this will or if my spouse dies before me, I give these assets to my children and the descendants of any deceased child. If no spouse, children, or descendants of children survive me, I choose 1 of the following distribution clauses by signing my name on the line after that clause. If I sign on both lines, if I fail to sign on either line, or if I am not now married, these assets will go under distribution clause (b).

Distribution clause, if no spouse, children, or descendants of children survive me.

(Select only 1)

(a) One-half to be distributed to my heirs as if I did not have a will, and one-half to be distributed to my spouse's heirs as if my spouse had died just after me without a will.

_________________________________

(Your signature)

(b) All to be distributed to my heirs as if I did not have a will.

_________________________________

http://www.legislature.mi.gov/%28S%28tdxlerisw02r52lc2qansa3h%29%29/mileg.aspx?page=getobject&objectname=mcl-700-2519&query=on&highlight=statutory%20AND%20will

You cannot claim the note except through a probate proceeding where you are legally awarded it here.Sorry that the only way you have legal authority to inherit it.

Thanks again.

Customer: replied 1 year ago.
I am again concerned by the " here" clause as I am referring AND need the answer to be specific to the state of MICHIGAN.
Please let me know if you can answer on the specific laws of this state....
Expert:  RayAnswers replied 1 year ago.

I will opt out here and leave this for Michigan lawyer.Please do not reply or rate as they will pick it up.Thanks for your patience.

Expert:  N Cal Attorney replied 1 year ago.

New Expert here.

Since you are not related to the decedent, why do you think you have any claim to the note?

Customer: replied 1 year ago.
N Cal, I do not think I have a claim. I want to buy the note. The property it is attached to cannot be sold until the mortgage has been paid in full. The deceased had the title document but as I understand he did not manage to collect the outstanding amount before passing and also failed to include it in his will.
Expert:  N Cal Attorney replied 1 year ago.

A will does not have to mention every item of property owned by a testator.

Did the Will use clause A or clause B which you quoted before?

Customer: replied 1 year ago.
I did not quote an A or B clause and do not know what that means.
Expert:  N Cal Attorney replied 1 year ago.

The prior Expert posted part of a Will that he said he thought was the will relevant here:

(a) One-half to be distributed to my heirs as if I did not have a will, and one-half to be distributed to my spouse's heirs as if my spouse had died just after me without a will.

(b) All to be distributed to my heirs as if I did not have a will.

That is what I was referring to.

Do you have a copy of the Will?

Customer: replied 1 year ago.
I will try to obtain a copy and/or get this detail. It might take me a while to do this......is that ok?
Expert:  N Cal Attorney replied 1 year ago.

Yes, you can take as much time as you need and then post in this thread to tell me. Once I know what the Will says I should be able to determine who owns the note.

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