If my brother just passed away with no Will, who is entitled to share in his estate?

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If my brother just passed away with no Will, who is entitled to share in his estate?

There are 4 of us siblings but 2 of them have stated that he verbally said that they get everything. They have already taken things from his home and are driving his van. Will any of this stand up in probate?

Asked on August 15, 2014 under Estate Planning, Michigan

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for your loss. Noncupative (Oral) Wills are not valid in the state of Michigan so if he died with out a written Will then he died "intestate" and the intestacy laws in the state will decide the distribution of his estate. If he had no spouse or children and your parents are not still alive then you siblings inherit equally.  I would strongly suggest that one of you become appointed as the Administrator of the estate ASAP and stop the dissipation of estate assets.  Good luck.


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