Does a deceaced loved one’s siblings have rights to his assets if there is a surviving descendant?

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Does a deceaced loved one’s siblings have rights to his assets if there is a surviving descendant?

My grandfather passed away but he didn’t leave a Will. My mother was his only child but she preceded him in death. I am my mother’s only child. Therefore, I am my grandfather’s only living descendant. I have been appointed Personal Representative of the estate. My grandfather has siblings. I want to know my grandfather’s siblings’ rights to his assets? Am I responsible for giving his siblings an inventory list of his assets and allowing them to make claims?

Asked on July 24, 2017 under Estate Planning, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When someone dies "intestate", that means without a Will, the law of the state in which they were domiciled at their death will control. In MI, when a decedent dies without a surviving spouse or children but with grandchildren, then the grandchildren will split their parent's share of the estate as children of the decedent. In your case, since you grandfather only had 1 child and you are the only child of that child (i.e. you are the only child's child), then you are entitled to the entire estate (after all debts and other obligation have been paid).


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