My parents were Michigan residents wintering in Florida. My mom passed away in May. My father is still living. My sister in Florida was named by them as executor. I have heard absolutely nothing from her regarding the will or probate, so I do not know if anything has been filed. I understand that under Florida law my father gets everything. What I would like to know is, is she required to let the rest of us know what is happening with Mom's will or does that not start until after my father has passed?
Since your parents were Michigan residents any probate would be in Michigan and covered by Michigan law. In general, often in a parent situation nothing has to be done until the second parent dies as usually assets are held jointly and just automatically pass without a probate. If everything goes to your father under your mother's will then you are not a beneficiary and would not necessarily have to be informed of any proceedings, if probate was required. Although your sister was nominated to be executor until a probate is opened and she is appointed by the Court she actually has no authority.
This answer does not constitute legal advice and does not create an attorney client relationship. The answer is for information purposes only and is based on the limited information you provided.
Ms. Foster is correct. If all assets were held jointly or had either POD's (for bank accounts not held jointly) or TOD's (for securities accounts), there may not need to be a probate; HOWEVER, in Florida (don't know the Michigan rule), the Last Will should be filed within 10 days of death along with the death certificate.
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