My father passed away in the state of Michigan and had no will. He owned alot of property that had his girlfriends name on it also. Where do I stand. I'm the oldest child and I was responsible for signing medical procedures. I really need HELP!!!!
2006-10-29 02:54:14 · 13 answers · asked by April C 1 in Politics & Government ➔ Law & Ethics
If his girlfriends name is on any leases or legal documents that claimed ownership to that property, then she is legally entitled to it. You can't fight it unless your name is on the document as well. If he is the only one indicated on these documents and he has no will to specify who he wanted to leave it to, it is federal property, or state property, depending on circumstantial jurisdiction. If you or anyone else can locate a document that implies that they may have had partial ownership, or something that could hint towards your fathers wishes signed by him and an impartial witness, you could feasibly argue that his property belongs to you or whomever is implied on the document. But it would still be a legal battle to do so.
2006-10-29 03:04:14 · answer #1 · answered by Rick R 5 · 0⤊ 1⤋
I'm not an attorney, but I believe you need one...it sounds like there was a lot of property which will need to be disposed of... Even if your Dad didn't have a Will, I'm sure that Michigan has a procedure for his estate to probated. Plenty of people die without a Will and if Michigan didn't have a procedure to determine who got what...that would be a real problem! In Indiana, who gets what, when, and how when there is no Will is set by statute. The issue of the girlfriend's name on property can be explained by the attorney. The attorney can tell you how the Estate process works.
Get together with your siblings and decide who wants to be responsible for signing all the legal papers to deal with the Estate - the Personal Representative. If you live in the same city/county as your Father and your brothers and sisters live away, it would probably be easiest for you to deal with the Estate matters because you are close, or perhaps there is another sibling that is a stay-at-home parent and has more flexible time to meet with the attorney - that would be a logical choice too.
You and your siblings, if possible, should probably go to the attorney for the first visit. The costs associated with probating your Dad's Estate, fees associated with disposing of your Dad's property (realtor fees, auction fees, advertising fees, filing fees...), the attorney's fee for handling the legal aspects of the Estate, and possibly a fee to the personal representative will all be paid from the proceeds of the Estate.
Sorry about your Father, I know as the oldest I will need to make these types of decision soon too.
DESPITE what some other posters have said, I believe you and your siblings (as heirs to your father's estate) may have a right to the property or a share of the property. A lawyer can explain the right...
GOOD LUCK.
2006-10-29 11:40:35 · answer #2 · answered by vbrink 4 · 0⤊ 1⤋
With out a will, it will all have to go through probate. The girlfriend can not dispose of his property until it has gone through probate. I would get a good lawyer if I were you. Although you were responsible for signing for his medical procedures that in no way allows you any other rights regarding your father or his property. See if you can find a good probate lawyer. Check with your state bar association and see who they would recommend in your area. Just a word to the wise, the lower the inital fee, the less quality you get in a lawyer generally. If they require $500.00 they may not work half as hard as the one that wants $2,000.00 down. If you don't have the funds see if they will take it on for a protion of what you could come away with if they feel that you have a strong enough case. I wish you the best of luck and hope that everything goes ok. It's a very hard time for you right now, so be sure and take care of your self. I was in your boat three years ago. Take care hon, best of luck!
2006-10-29 11:07:05 · answer #3 · answered by Yvonne D 3 · 0⤊ 0⤋
You need a Probate Lawyer.
The assets will be distributed according to the state laws of Intestacy, in the absence of a Will. If he owned property with a girlfriend, his share may and may not go to her, it depends on whether they were Tenants in Common or Joint Tenants. The bills will be paid from his assets by the Personal Representative. If he had no spouse and no other children, that's probably going to be you, unless you refuse.
Whether you're personally on the hook for the bills depends on whether you just made decisions, or took personal responsibility.
Did I mention you need a lawyer? You do, you know.
2006-10-29 11:10:12 · answer #4 · answered by open4one 7 · 0⤊ 0⤋
First off you need to contact a lawyer.
If his girlfriend is a co-owner of the property its going to matter how the property is titled, if its tenants in common his half would go to his heirs under EPIC's intestacy rules.
If he owns the property as joint tenants with rights of survivorship then she without more by operation of law becomes the legal owner of that property.
Contact a lawyer most lawyers will give you a free consultation.
http://www.lawcpg.com/EstatePlanning.html
2006-10-31 00:20:44 · answer #5 · answered by MichLaw 2 · 0⤊ 0⤋
You need to get a very good Michigan lawyer specializing in estate litigation. Unfortunately, property that a person owns with another person often goesto that person. But you must get proper legal advice from your own state. Do not rely on other answers from this board.
2006-10-29 11:01:22 · answer #6 · answered by richismo 2 · 0⤊ 0⤋
It depends on the state. Sometimes the state will take it over, but since the girlfriends name is on the property and she is I assume still alive then she has bearing on the property. Have you consulted an attorney?
2006-10-29 11:02:12 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Since the property is purchased in the name of your father's girlfriend, you have no right, interest or title in that property though your father had died intestate. Hard luck.
2006-10-29 11:03:57 · answer #8 · answered by Seagull 6 · 0⤊ 0⤋
Get a good Will and Estate lawyer. I went thru this with my father, he shared property with his not so nice sister and we had to fight to get our share. It took us over a year to get it all settled and about $6,000 at the end. This is a stressful situation and will cause a lot of tension. Good Luck!!
2006-10-29 11:03:43 · answer #9 · answered by cfoxwell99 5 · 0⤊ 1⤋
You need a good lawyer now.
Your life as you know it has taken a serious turn for the worse.
You have to have a lawyer to try and sort what could be one heck of a mess out and expect this whole thing to cost.
2006-10-29 11:00:35 · answer #10 · answered by madjer21755 5 · 0⤊ 1⤋