When a person passes away without a will (intestate), navigating the legal process of transferring their property can add another layer of difficulty during an already time of grief.
The compassionate attorneys at Law Office of Julie A. Paquette understand that this is a sensitive time for you and that you may be unsure of what to do next. We have years of experience helping Michigan families through the probate process, even when a will isn’t in place. We can guide you through the legal processes associated with intestate and help ensure a smooth transfer of assets. Letting us take on this burden will allow you to grieve and focus on healing.
Who Inherits Property When There’s No Will?
Michigan law dictates a precise order of inheritance when someone dies intestate. Generally, the surviving spouse has the first claim to a portion of the estate. The remaining assets are then typically distributed among the decedent’s children. If there are no children, other relatives like parents, siblings, grandparents, aunts, and uncles may inherit, depending on their unique family circumstances. The further removed the relative is from the decedent, the lower their priority in the line of inheritance.
While this process may seem straightforward, it can be a challenge for many, especially in blended families or with distant relatives. Having an experienced wills attorney by your side can help ensure that the correct heirs are identified and that the property is distributed according to Michigan law.
The Estate Administrator’s Responsibilities in Michigan
When someone dies without a will, their estate must go through probate court. This legal process oversees the administration of the estate, including identifying heirs, valuing assets, paying debts, and distributing the remaining property.
The probate court appoints an administrator to manage the estate when there is no will. The administrator is responsible for managing and valuing all assets in the estate. This includes real estate, bank accounts, personal property, and other valuables. Accurate valuation is crucial for proper distribution and tax purposes. The administrator must do what is in the best interest of the estate and follow Michigan law throughout the process. Some of these tasks include:
- Managing and Valuing Assets: The administrator is responsible for managing and valuing all assets in the estate. This includes real estate, bank accounts, personal property, and other valuables.
- Paying Debts and Taxes: Before any assets can be distributed to the heirs, the estate must pay all outstanding debts and taxes. Some of these debts can include credit card bills, medical expenses, funeral costs, and any taxes owed by the deceased.
- Distributing the Remaining Property: Once all debts and taxes are paid, the remaining property is distributed to the heirs according to Michigan’s intestacy laws. The distribution process can vary depending on the type of assets and the number of heirs.
- Disputes and Challenges: Unfortunately, disputes can arise during the probate process, even when there is no will. Heirs may disagree about the valuation of assets, their rank in the heirship, or the distribution of property. These disputes can lead to costly and time-consuming litigation.
Correctly valuing assets can be challenging, paying off debts, distributing property, and disputes among heirs can cause a lot of stress and concern within families. A probate attorney can work with appraisers and other professionals to ensure that all assets are accurately valued, protecting the interests of the heirs.
Contact Law Office of Julie A. Paquette Today
Michigan’s intestacy laws, combined with the intricacies of probate court procedures, make it essential to have experienced legal guidance. The compassionate attorneys at Law Office of Julie A. Paquette are here to help. We can guide you through the intestacy process, ensuring that your loved one’s estate is handled properly and efficiently. Contact us today for a consultation!
