When a parent passes away without a will in Michigan, it can create additional challenges and uncertainty during an already difficult time.There are likely many questions about what will happen to the parent’s assets and who will be in charge of the care and well-being of the child if they are a minor.
The attorneys at Law Office of Julie A. Paquette understand the complexities of intestate succession (dying without a will). We can provide legal guidance and support to ensure the child’s rights are protected.
What is Intestate Succession in Michigan and How Does It Affect Children?
When someone dies without a will in Michigan, their assets are distributed according to the state’s intestacy laws. These laws prioritize spouses and children as heirs.This is typically how intestate succession works in Michigan:
- Spouse and Children: If the deceased parent has a spouse and children, the spouse typically inherits the first $150,000 of the estate plus one-half of the remaining assets. The children inherit the other half of the remaining assets equally.
- Children Only: If the deceased parent has no spouse, the children inherit the entire estate in equal shares.
- Other Relatives: If the deceased parent has no spouse or children, other relatives like parents, siblings, or grandparents may inherit.
Understanding these laws is crucial to ensuring that a child receives their rightful inheritance as well as proper plans for their care if they are a minor. An experienced probate attorney can help you navigate this process and ensure that your child’s interests are represented.
Guardianship of Minor Children in Michigan
When a parent dies without a will (or has an invalid will) and leaves behind minor children, the court will need to appoint a guardian to care for them. While the surviving parent is usually the natural choice for guardianship, if both parents are deceased, the court will consider the best interests of the child when making this decision.
Sometimes, a family member will petition the court to be appointed as guardian. However, if there is no suitable family member, the court may appoint someone else as a guardian. An attorney can help you understand the guardianship process and advocate for the best interests of the children involved.
Probate Court and the Role of a Personal Representative
When someone dies in Michigan, their estate must go through probate court. This process involves:
- Identifying and valuing assets: This includes everything from bank accounts and real estate to personal belongings.
- Paying debts and taxes: Outstanding debts and taxes of the deceased person must be settled.
- Distributing the remaining assets: This is done according to Michigan’s intestacy laws or the terms of a will, if one exists.
The probate court appoints a personal representative to manage the estate during this process. This person is responsible for ensuring that all legal requirements are met. Having an attorney advise the personal representative can be invaluable during this complex process.
Why You Should Consult an Attorney After a Parent Dies Without a Will
When a parent dies without a will, it can create additional legal challenges for the surviving family members, especially if there are minors involved. An experienced probate attorney can help you navigate these challenges by:
- Explaining Michigan intestacy laws.
- Guiding you through the probate process.
- Advocating for your rights.
- Addressing guardianship concerns.
Contact Our Probate Attorneys Today
If you are facing the probate process after the loss of a parent, or have minor family members that have lost a parent, don’t hesitate to contact the probate attorneys at Law Office of Julie A. Paquette. We are here to provide compassionate legal support and guidance during this difficult time.
