Danciger, TX Estate Planning Law Firms & Lawyers

Probate is done in the state where the decedent is domiciled. Since he was temporarily staying in another state, that is not considered to be his domicile. Only assets in your father's name only will go through probate. For most married couples, they own everything in joint names, so upon the first to die, there is no probate estate. Therefore, the first question to ask is what assets did your have in his name only that had no beneficiary designation upon his death. This includes payable on death bank accounts and certificates of deposit, transfer on death for personal property that is titled such as boats and automobiles, and beneficiary deeds for real estate. If there are no assets, there is no probate. The next question is what is the value of the assets that go through probate. Most states have procedures for small estates. In Missouri, the small estate procedure is for net assets totaling less than $40,000. If the net assets total more than $40,000, then you need to do a full probate estate. In Missouri, you need to hire an attorney for probate. For estates greater than $40,000, the person probating the estate is called the personal representative. This person can also be called the executor or executrix. This person is named in the will. If there is no will, then this person applies for letters of administration and requests to be appointed personal representative. The court does not automatically do this. The attorney will prepare the necessary papers for you to sign and get appointed.

Perhaps you could file an action in court and ask a court to order the remains to be turned over to you. Not sure of the legal theory. The fact that you paid the funeral bill doesn't give you a right to the remains. Your grandmother (her mother) is a "next of kin", just like you (as a child) - at least under the laws of intestacy in Michigan. So she may have a right to the remains - on an equal footing to yours. Perhaps a judge will be willing to play Solomon and divide the ashes amongst the next of kin.

You and your other siblings can refuse to accept your shares of that part of your mother's estate if the estate is still open. Or you can sell your shares to your brother.