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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 44550
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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This is my question, As legal representive of my Aunts

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This is my question, As legal representive of my Aunts estate. All the paperw ork ahs been processed. After the estate inventory has been possted my nephew whose haassn't been aroundm for over 10 years now wants to stake a claim to the estate. How much is he entitled to?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: What documents or supporting evidence do you have?
Customer: What type of supporting documnets
JA: Anything else you want the lawyer to know before I connect you?
Customer: Early in the probate process. Legal letters were sent out which he never answered since he could not be found. He was only found after the valve of the estate was posted . He live out of state and I belive a lawyer from my state saw the posted and looked him up.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Is there a will in place or did aunt pass without one?

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Is the nephew the son of the aunt?

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thanks

Barrister

Customer: replied 1 year ago.
No will, and the nephew is my brothers son , my brother is deceased. I'm my aunt nephew she was my fathers sister
Customer: replied 1 year ago.
I was just disconnected

If she passed with no will then default intestate law controls.

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Did Aunt have any children or was she married when she passed? Are aunt's parents deceased?

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How many siblings do you have, alive and deceased?

Customer: replied 1 year ago.
She had no children. Her parents and siblings all have passed away
Customer: replied 1 year ago.
I'm the only serving member of the family

Ok, I still need to know how many brother and sisters you have, living or deceased because their estates would stand to inherit and in turn their heirs..

Customer: replied 1 year ago.
I had one brother and he is deceased

Ok one other question... There was father and aunt... any other aunts or uncles? and did they have children?

Customer: replied 1 year ago.
No other aunts or uncles
Customer: replied 1 year ago.
My brother has been dead for over 15 years.. Wouldn't his estate be closed?

Ok, then the way this works is father's estate will inherit aunt's estate and then you and brother's estate will inherit from father's estate. And if your brother had no other children, then the nephew will inherit from brother's estate.

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Boiling it down, you and nephew would divide the estate evenly. But you can charge the estate executor fees for your service off the top.

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thanks

Barrister

Customer: replied 1 year ago.
Thanks.. Just couldn't understand how he would get half.

You are very welcome. Sorry the news isn't better.. But you can charge 5% of the estate as your executor fee..

Customer: replied 1 year ago.
Thanks.. Have a spread sheet showings what I have spent to manage the estate at this point.

That comes off the top as expenses... but you get to pay yourself 5% before you divide up the rest..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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