What happens if an heir contests the per capita intestate succession?

My grandmother died intestate. Since my mother is deceased as well we are inheriting a sum of money. My cousin, whose father is also deceased feels that he should get more than my sister’s and I since he was the only child of his father. The way I understand intestate estates for Michigan is that the estate would be divided at Per Capita at each generational level. Can you offer some feedback please? Also, what happens if an heir contests the amount they inherit? We’ve received the Receipt, Acknowledgement, and Agreement to sign and return to the representative. Can it be contested?

Asked on July 1, 2012 under Estate Planning, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss. It is my understanding that in Michigan you as a "class" of desendents - all grandchildren - will receive equally under the statute.  Same as if all your parents were alive then they would receive equal; shares. If your cousin contests the distribution it will eat up the inheritance for the legal work and delay distribution.  He should seek help from ana ttorney in your area to explain things to him.  Good luck.

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