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My grandfather passed away in 02. The executor of his will did not disperse and monies left to family members what can be done

Asked over 2 years ago - Michigan

my grandfather passed away in 02. He stated 10,000 to be left to every grandchild as well as monies to be passed on to his children and so fourth. My aunt was named executor and the only money that was paid out to his children was from his life insurance policies. My grandfathers wife is still living. 6 months after he passed away his vacation property in florida was sold for 265,000. My aunt has stated to members of the family that they lost money in the stock market and that's why no one has received any funds. My grandfathers mother is still living as was suppose to recieve 500.00 per month. Right before he passed he called her and said his lawyer told him he couldnt will her any monies. Since then she has recieved only a few checks from the trust account but they are out of sequence.

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There was a insurance policy that my grandfather had made with his brother for a business that my uncle owned and he was like a silent partner. The policy stated that upon either ones death the living beneficiery would recieve 300,000. Right before my grandfathers passing he took his brother off of the policy and put his living wife on the account. She has received between real estate and that policy nearly 600,000. My grandfather had no significant debts when he passed. I would like to know what can be done since seven years have passed. Nothing has was probated since his wife is still living

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Attorney answers (1)

James P. Frederick

Reputation Level 16

Answered over 2 years ago. Probate Attorney in Livonia, MI.

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The biggest problem that I see is that it is likely that probate was never required, since all of the assets passed directly to the aunt. When that happens, the terms of the Will (and or Trust) do not apply. In other words, your grandfather's assets were titled in such a way to avoid probate, and by doing so, they also avoid the express provisions of the Will or Trust.

If this is not what happened, then a probate attorney may be able to help you. In the event that the assets passed directly to the aunt, as seems almost certain, then there is relatively little that can be done, especially because of the passage of time. You may have had an argument at one point, that the transfers were made for convenience purposes only and your grandfather's intent was that the Will or Trust control. But you would need to prove this, which is often problematic. In addition, at this point, you probably have statute of limitations problems.

James Frederick

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