My Uncle Passed Away With A Will Questions

[Mark_A]

You should read the thread and read the case out of Michigan linked to above. Per stirpes does not appear to apply - see Michigan’s anti lapse law.

I found this explanation of anti-lapse law:

"An anti-lapse law, also known as a lapse statute, prevents a gift from lapsing in a will. This means that if the intended beneficiary dies before the person who made the will, the gift goes to the beneficiary's relatives instead of the rest of the estate."

That is what I suggested, that the proceeds go to the descendants per stirpes of beneficiaries named in the will, since the beneficiaries are deceased. This would be different than per stirpes of the decedent (person who died).

 

[quincy]

I found this explanation of anti-lapse law:

"An anti-lapse law, also known as a lapse statute, prevents a gift from lapsing in a will. This means that if the intended beneficiary dies before the person who made the will, the gift goes to the beneficiary's relatives instead of the rest of the estate."

That is what I suggested, that the proceeds go to the descendants per stirpes of beneficiaries named in the will, since the beneficiaries are deceased. This would be different than per stirpes of the decedent (person who died).

The relatives (the children of the uncle’s siblings) do not inherit in this case - only the children of the uncle who was named in the will appear to be the ones who inherit.

 

[Mark_A]

The relatives (the children of the uncle’s siblings) do not inherit in this case - only the children of the uncle who was named in the will appear to be the ones who inherit.

Yes, I agree with that, the relatives of the deceased beneficiary, per stirpes, would inherit. I did not mean per stirpes of the deceased person whose estate is discussed here.

 

[quincy]

Allsaidanddone should speak with a probate attorney in Michigan for a personal review - either ask her current probate attorney to explain the whys of the will or find another probate attorney to review and explain.

 

[allsaidanddone]

Allsaidanddone should speak with a probate attorney in Michigan for a personal review - either ask her current probate attorney to explain the whys of the will or find another probate attorney to review and explain.

Thank you for accepting my apology.

Update....I'm downstate right now (I live 200 miles away) but soon to be returning back home because my lawyer JUST called to inform me that the judge will not be present in the courtroom but the hearing is now being held on zoom only. (I know I previously stated the court date was Friday but I was mistaken [I have a lot going on as I homestead]. It was scheduled for tomorrow, Wednesday). Anyways, I had not contacted my lawyer when I learned about the anti-lapse law here because for the most part, he has already taken me for my initial fee, and I didn't want to waste any more money with him if I didn't have to. Hence my frustration in earlier posts which I'm still regretful for.

During this phone call, my PROBATE lawyer mentioned the anti-lapse law without me bringing it up. hmm.... I let him talk. He stated that they have never had to deal with the anti-lapse law in similar cases, and that they would not bring it up in court. I'm guessing in hopes the other parties' lawyer (who is not a probate lawyer) doesn't. What kind of shenanigans am I dealing with here? I guess I'll find out tomorrow on the zoom call. My lawyer then stated that this may just be a preliminary hearing and another may be scheduled. Isn't the law that law? Anyways, many thanks to those who have chimed in, I sincerely appreciate everyone. I will continue to update here for those who are interested and for those who may have a similar issue in Michigan in the future.

 

[Mark_A]

During this phone call, my PROBATE lawyer mentioned the anti-lapse law without me bringing it up. hmm.... I let him talk. He stated that they have never had to deal with the anti-lapse law in similar cases, and that they would not bring it up in court. I'm guessing in hopes the other parties' lawyer (who is not a probate lawyer) doesn't. What kind of shenanigans am I dealing with here?

When you say the other party's lawyer is not a probate lawyer, what do you mean? Lawyers are taught in law school how to research the facts of the case, research the law, and learn how to apply the law to the facts. Lawyers don't memorize everything in the law. Same with judges, who often have to research the law to issue an opinion. This situation doesn't sound all that unusual to me, and even a personal injury or corporate lawyer could probably research it and figure it out, if they didn't already know it.

 

[allsaidanddone]

I am not disputing anything anyone here has advised me on first off.
We specifically searched out a probate lawyer given the will that was discovered, knowing there could be implications. Just as I had searched out a personally injury lawyer who specialized in PI cases after my husband (at the time) and I were broadsided by an oncoming boat which split our boat in two and nearly killed my husband. And just as we both searched out a divorce attorney when that phase of our life happened. So I guess what I mean, is he doesn't advertise in any specialty area of law as the probate attorney I hired did. I guess I was going on the assumption that a true professional probate attorney would know such things. With that, I should have interviewed more than one. New lessons are learned every day in life.

 

[quincy]

Thank you for accepting my apology.

Update....I'm downstate right now (I live 200 miles away) but soon to be returning back home because my lawyer JUST called to inform me that the judge will not be present in the courtroom but the hearing is now being held on zoom only. (I know I previously stated the court date was Friday but I was mistaken [I have a lot going on as I homestead]. It was scheduled for tomorrow, Wednesday). Anyways, I had not contacted my lawyer when I learned about the anti-lapse law here because for the most part, he has already taken me for my initial fee, and I didn't want to waste any more money with him if I didn't have to. Hence my frustration in earlier posts which I'm still regretful for.

During this phone call, my PROBATE lawyer mentioned the anti-lapse law without me bringing it up. hmm.... I let him talk. He stated that they have never had to deal with the anti-lapse law in similar cases, and that they would not bring it up in court. I'm guessing in hopes the other parties' lawyer (who is not a probate lawyer) doesn't. What kind of shenanigans am I dealing with here? I guess I'll find out tomorrow on the zoom call. My lawyer then stated that this may just be a preliminary hearing and another may be scheduled. Isn't the law that law? Anyways, many thanks to those who have chimed in, I sincerely appreciate everyone. I will continue to update here for those who are interested and for those who may have a similar issue in Michigan in the future.

Thank you for the update, allissaidanddone. I will be interested in hearing how this turns out so I hope you will keep us in mind when all is said and done.