Fleming Island, FL Estate Planning Law Firms & Lawyers

You do not note whether the person died with or without a Will.  Most lenders will allow the executor of a Will or the administrator of an estate in which there is no Will to pay off the debt and take possession of the vehicle.  However, some states have an order in which debts must be paid.  Check with a local probate attorney, preferrably the one helping you settle the estate.

You would have the right to challenge the will in court, if you would stand to get something if the will was not upheld. You have a high burden of proof to challenge a will. You must show that your father executed the will while under duress, undue influence or that he was mentally incapable of understanding the extent of his property and know the likely people who would inherit his estate. The law generally will uphold a will that was properly executed. A will can be changed over and over up to the time of death as long as the will is executed properly and the testator (person who signed the will) was legally capable of executing a valid will.

In Michigan, there is no Caveat procedure. If he was due something from the decedent, he could file a claim against the estate. The Personal Representative would then need to either accept or deny the claim. If the claim is denied, the claimant would need to file a lawsuit against the estate within 63 days or the claim would be barred. He would not be considered an interested person of the estate and he would not have the right to notice, and he would otherwise not have standing. His sole remedy under Michigan law would be to file a claim. Good luck with the book!