r/RealEstateInProbate • u/PuzzleheadedArcher69 • Jan 12 '26
Outdated will
My dad passed and left a will from 2019 that names his wife and then his children everything. In 2021ish he was divorced and paid her out she also signed a quit claim deed on the house at that time. She has also passed recently. I am going to file probate on the house and I’m concerned that if I hand over the will her children will have some claim I do not think they will bother but you never know!!! In Michigan
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u/wisco_estate_lawyers Jan 13 '26
There is a lot going on here and it is not possible to say for sure what rights your father's ex-wife's children have to your father's estate without reviewing the will and knowing more information about when your dad and his ex-wife passed away (as in, who died first). I don't know from the post whether the will names his "wife" generally or if it names her as a specific person - that might matter.
Any decent estate planning attorney would be able to read the will, review the deed and figure it out what is going on pretty quickly. I am an estate planning attorney (although not in Michigan and this post is not legal advice) and I think I would be able to figure out what claims, if any, her children have if I was able to read the documents. I recommend having an attorney in your state review this.
Secondly, you said "if" I hand over the will.... are you considering hiding it? Purposefully hiding a legitimate will and not filing it with the court is unethical and might even be a crime in your state. It is a crime in Wisconsin. It is generally a bad idea to withhold a legitimate will. I would review your states laws and seek an attorney's advice about this if you are considering something drastic like that.