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Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 5647
Experience:  28 Years in General Practice and Estate Planning
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My father owes the irs back taxes he is 94 my brother passed

Customer Question

my father owes the irs back taxes he is 94 my brother passed away left no will does my brothers estate belong to my father or to us siblings .my father says he doesn t want the estate the local tax advisor says the estate must be used to pay taxes. I disagree .we live in Michigan.
Submitted: 2 months ago.
Category: Estate Law
Expert:  Attorney2 replied 2 months ago.

Welcome and thank you for your question.

Customer: replied 2 months ago.
waiting for my answer please
Expert:  Attorney2 replied 2 months ago.

Thank you for your patience it taxes a moment to type the information.

In Michigan when there is no will it is called dying intestate. The State sets out the heirs by statute when there is no will. Assets that are held in title jointly with the deceased such as a joint bank account or life insurance policy where there is a designated beneficiary pass outside of the probate/intestate succession process.

For all other assets they pass as follows:

1. When there are children but no spouse the children inherit everything

2. When there is a spouse but no descendants or parents the spouse inherits everything

3. When there is a spouse and descendants from you and that spouse the spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance and your descendants inherit everything else

4. When there is a spouse, at least one descendant from you and that spouse, and at least one descendant from another relationship the spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else

5. When there is a spouse and parents the spouse inherits the first $150,000 of your intestate property, plus 3/4 of the balance and the parents inherit everything else

6. When there are parents but no spouse or descendants the parents inherit everything

This is where siblings come into play :

7. When there are siblings but no spouse, descendants, or parents siblings inherit everything http://www.nolo.com/legal-encyclopedia/intestate-succession-michigan.html

Since it was your brother that passed away if he had no spouse or children (descendants) the parent inherits.

http://www.nolo.com/legal-encyclopedia/intestate-succession-michigan.html

As far as the taxes

Can you explain the situation because I am not sure that I understand.

Expert:  Attorney2 replied 2 months ago.

If there is no spouse and no children:

If there is no surviving spouse, the entire estate passes to the following individuals who survive the decedent in this order: The decedent’s descendants. If there are no surviving descendants, the decedent’s parents. If there are no surviving descendants or parents, the descendants of the decedent’s parents, i.e., brothers and sisters, then nieces and nephews. If there are none of the above, half goes to the decedent’s maternal grandparents or their descendants and half goes to the decedent’s paternal grandparents or their descendants. If there is no one to take on one side of the family, the entire estate passes to the relatives on the other side. - See more at: https://auburnhillselderlaw.com/lawyer/2011/03/17/Probate/Intestate-Succession-in-Michigan_bl1991.htm#sthash.vLo7nHwT.dpuf

Expert:  Attorney2 replied 2 months ago.

Is you dad wanting to waive or renunciate his rights to the estate?

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my time and work I would appreciate it.

Thank you for using JA. We Appreciate your business.

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