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Michigan probate estate dispute?

Defamation Law Discussion Forum

Michigan probate estate dispute?

Postby ned » Wed Nov 23, 2011 10:20 pm

My grandmothers house and vehicle have been in probate for over a year. There has been disputes regarding the vehicle that is apart of my grandmothers estate. Before my gramma pasted my aunt was in possession of her vehicle because their car was broke down. Her and her husband used my grammas vehicle to go see her in the hospital. When my gramma pasted her car was left to no one and my aunt decided she wanted it and that she would pay a thousand dollars to each surviving benificary which she has not done.At the time the lawyer stated that the vehicle should not be titled in no ones name since it is part of the estate. My aunt then decided not to listen and took my grandmothers death certifiacate and titles it in her name..Forward a year now she is stating that she was given the vehicle and that she doesnt feel that she is entitled to pay anyone for it.The lawyers are in limbo about a decision on this because she has changed her story on this issue about three time and now is basically is making flase statements against my mother and is contradicting herself...Does anyone know if it is illegal to title a vehicle in your name with only someones death certificate? And could my mom bring charges of slander or defamation against her because she accuses my mom of false accusations that she stated in a letter written to a laywer that my mom did recieve a copy of? One more thing the laywer is now stating because of the dispute that the judge will make the final decision in this case and if my aunt is under oath and lies and her contradictions come up in the case could she be accused of perjury?
ned
 
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Michigan probate estate dispute?

Postby ardwyad » Wed Nov 23, 2011 10:28 pm

Yep, when the case finally makes it to court, the judge will decide who gets what. Of course, the lawyer will get his fees first. Considering how little the estate appears to be, the lawyer will probably end up getting more than any of the heirs.

Your aunt will be returning that car. The executor of the estate would be the person who could take the death certificate and change the title. The car and other assets should be liquidated, your grandmothers debts paid (after the legal fees of course), and any money left over distributed equally to the heirs, unless there is a will giving certain heirs things.

Your mother would be wasting her time and money trying to sue for slander and defamation. Fussing over a car and who lied about what, does not add up to slander or defamation.
ardwyad
 
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Michigan probate estate dispute?

Postby said99 » Wed Nov 23, 2011 10:36 pm

the real legal question is who had authority to transfer the vehicle after you grandmother passed away. The official answer is the Executor of the estate, not any descendant.

the Executor should ask the court to order that the property be returned to the estate along with fair rental for its use in the year plus it has been withheld by your aunt, or that her share of the estate be reduced by the value that she took illegally.
said99
 
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