What to do if my uncle died without a Will and his daughter, who has not been seen for 30 years, filed in probate court?

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What to do if my uncle died without a Will and his daughter, who has not been seen for 30 years, filed in probate court?

We know she is legal heir of his estate. There is a house with a mortgage on it that I have been living in for 6 years with my uncle and great grandma (both has passed now) in question. Is that on the mortgage and title is both of them. My mom wants to go down and file for heir on it cause she is the sister/daughter of them and his daughter told us no one can file for 90 days cause she opened probate on his estate?

Asked on July 8, 2012 under Estate Planning, Michigan

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  The particualrs of the probate process in your state are best discussed with an attorney there who knows the law and the rules.  I am sure that she can contest the appointment of the daughter and that should be done fairly quickly once probate has been filed.  I have to tell you that if there is no Will and she is the only child then her rights will cut off the rights of your Mother to receiving anything from HIS estate but how the house is held with great grandma counts here too.  Please see an attorney.  Good luck.


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