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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33708
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My father in law moved to michigan from Chicago to be with

Customer Question

My father in law moved to michigan from Chicago to be with my husband and I, eight months before he died. My husband was his guardian and DPOA. He did not have a will. Now his other children who live in Chicago think they are entitled to what was left. His brother hired a lawyer in Chicago and we are spending a lot of money back and forth for court dates in Chicago that last a few minutes. Wouldn't this type of thing have to happen in michigan since he established residency here and died here?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Wouldn't this type of thing have to happen in michigan since he established residency here and died here?

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Yes, I am not sure why a probate case was filed in Chicago because if he was living in Michigan and had established residency there by living there for at least 6 months, then he is legally a resident of Michigan an a probate case would have to be filed in the probate court in the county where father in law was living when he passed.

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So husband needs to file a formal probate case in Michigan and then file a motion to dismiss the Chicago case as improperly filed since that court has no jurisdiction over the case.

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thanks

Barrister

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