Appeal after Probate

[mcrf]

My step-father died leaving a will that was outdated. It named my deceased mother as the sole heir. It specifically excuded me from the will, although I was legally adopted by my step-father. My half-brother handled the estate. I was notified by mail of each step by his attorney and chose not to contest any of it because my brother made verbal assurances to me that I would receive certain amounts of money. I trusted him. Of course, now I did not receive what he promised. Do I have any recourse, 2 years after the close of the estate?

Thank you.

 

[calalily]

What state are you posting from? Usually there is a time limit for an appeal.

 

[seniorjudge]

And...did you sign anything about the probate estate?

 

[mcrf]

I'm in Michigan. I think I did sign and return something about it.

Robin

 

[seniorjudge]

I'm in Michigan. I think I did sign and return something about it.

Robin

You have probably given up all your rights.

Get a full copy of the probate file at the courthouse.

It will answer lots of your questions.

 

[mcrf]

thank you.

 

[mcrf]

I guess the only wondering that I had is since I agreed to everything because of the promises (verbal) made by my brother, does that make any difference--or is what's in writing the only thing that counts?

Thanks again.

Robin

 

[calalily]

Only what is in writing counts as it would be your word against his. This is what I found when googling Michigan State Law on probate:
http://courts.co.calhoun.mi.us/note0025.htm
Pursuant to MCL 700.3908 after the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of a distributee to object to the proposed distribution on the basis of the kind or value of property the distributee is to receive, if not waived earlier in writing, terminates if the distributee fails to object in a writing received by the personal representative within 28 days after mailing or delivery of the proposal.

 

[seniorjudge]

I guess the only wondering that I had is since I agreed to everything because of the promises (verbal) made by my brother, does that make any difference--or is what's in writing the only thing that counts?

Thanks again.

Robin

Verbal stuff is hard to prove.

Written stuff is easy to prove.