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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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My father passed away and wrote in s will "I give the

Customer Question

my father passed away and wrote in his will "I give the residue of my estate in equal shares to my grandchildren who survive me." My sister has kids I don't yet. Will my children get anything when I have them?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 11 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

First, im sorry for your loss. Unfortunately no. "future" grandchildren would not exist at the time of the death and so would not have a claim to the residue of the estate. This was a very poorly worded part of the will and is ambiguous though.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Customer: replied 11 months ago.
What happens if a will is misplaced upon death in the state of michigan.
Expert:  Christopher B, Esq replied 11 months ago.

Normally a new question must be asked when it is regarding a different topic but I will go ahead and answer for you.

MCL(###) ###-####1)(c) governs the admission of a copy of a Will when an original Will is lost. The statute provides that a petitioner can file an authenticated copy of the Will to the probate court:

“If the original will is not in the court’s possession or neither the original will nor an authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition must also state the will’s contents and shall indicate that the will is lost, destroyed, or otherwise unavailable.”

When the original will cannot be found upon the death of the testator, and the testator was in possession of the original, there exists a rebuttable presumption that it was destroyed with the intent to revoke it. The presumption can be overcome with appropriate evidence of the testator’s intent. So it is possible for the court to hold that the will was revoked and all assets of the estate will pass according to intestate succession (state law).

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq replied 11 months ago.

Did you have any more questions?

Expert:  Christopher B, Esq replied 11 months ago.

Are you there?

Expert:  Christopher B, Esq replied 11 months ago.

I see you have reviewed my answer, do you have any further questions? If not, please please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

Expert:  Christopher B, Esq replied 11 months ago.

Any chance for a positive rating?

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