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What if a parent re-marries and then passes away, does the…

Customer Question
What if a parent...

What if a parent re-marries and then passes away, does the children of the deceased parent have tha right to see the will, one of the children is an executor of the will and can the stepparent change that will at any given time? Thank you

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: What documents or supporting evidence do you have?

We know there is a will but that is all. We also know there is roughly 200,000 in safety deposit box.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are 2 executors of the will one my brother and the other her son

Submitted: 8 months ago.Category: Estate Law
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Answered in 5 minutes by:
9/21/2017
Estate Lawyer: Gerald, Esq, Lawyer replied 8 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 5,161
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Estate Lawyer: Gerald, Esq, Lawyer replied 8 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Once filed for probate the Will is a public document and you may see it. The Will may not be changed by anyone other than the person who makes it out. Once that person passes away the Will must be followed by the executora.

If the executors are not abiding by the terms of the Will they administration may be challenged in Probate Court and your claim to your inheritance can be made there. You will want a local probate attorney to assist you with that.

You can find a local attorney here:

http://lawyers.findlaw.com/lawyer/practicestate/probate-estate-administration/michigan

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Estate Lawyer: Gerald, Esq, Lawyer replied 8 months ago

Please note that a surviving spouse has a right to take a certain share of the estate in most cases. This is referred to as the Spousal Share.

Here is the law on that:

http://www.legislature.mi.gov/(S(1m1o4smswz4aqasqyo5l5rlb))/mileg.aspx?page=getObject&objectName=mcl-700-2202

"This share is equal to “1/2 of the sum or share that would have passed to the spouse had the testator died intestate, reduced by 1/2 of the value of all property derived by the spouse from the decedent by any means other than testate or intestate succession upon the decedent’s death.”

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Category: Estate Law
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