Legal Question in Wills and Trusts in Michigan

My daughter in law is trying to fulfill the wishes of her grandfather as he passed away March 12, 2023

a little family back ground pertaining to our question

grandfather has grown children that all have mental issues that make it impossible for them to handle his affairs properly the granddaughter has been helping her grandfather through out the years since her mother died several years ago. With that being said the grandfather was very private concerning his paperwork such as his Will, Trust (if he followed through making one) and his banking documents. As I write this she and two of her aunts are trying to find the proper documents. she has found a will dated 1989 although he made changes at one point since the death of four grown children and two grandson. He has prepaid his funeral with the local funeral home. there are some charges for cremation and the cemetery. cremation money has been collected but the cemetery appointment is tomorrow to talk about opening and closing the grave the plots are paid for

i realize this is long and not actually to the point of the reason for your advice can you give me a general idea of what to do if the will, trust or banking documents aren't found

Thank you

looking forward to hearing from you

Asked on 3/15/23, 8:38 am

2 Answers from Attorneys

John Tatone John R. Tatone & Associates PLC

I have been a probate attorney in Michigan for over 26 years. I am very familiar with this type of problem. First, she should check with the local probate court where her grandfather lived as he may have filed a will with the court, although it is not required. Next, she needs to hire an experienced probate attorney as this can become complicated with the children of the deceased being mentally incompetent. The grandfather's assets that are not in joint name and do not have beneficiaries will have to go through the probate court process. She should collect the mail coming to the house and look for tax returns which may have clues about where he banked and his investments. Many attorneys, such as myself are able to perform an asset search which may also reveal assets. If your Daughter-in-law would like my help with this situation, please get in touch with me at 586-580-8850.

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Answered on 3/15/23, 8:51 am
Timothy Klisz Klisz Law Office, PLLC

Very difficult to explain it quickly on an online forum but they should reach out to an experienced probate attorney in their area. I’ve been handling estates for more than 30 years and would be happy to help. Please call at 313-402-0853 to chat. Thanks

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Answered on 3/15/23, 12:01 pm

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