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  1. OMG! I am so overwhelmed. I was told this site would be helpful but... I need a list of questions to be answered and then I can be more clear. Reading all of the responses have been overwhelming. I am not even sure how or where to begin. Can anyone please give me a list of questions and I can answer one by one. I don't know law... only what I have researched online and in the law library. That is why my step brother has asked me to help him. We are all grieving and I could care less what happens to anything except the welfare of my step brother. I just want to help him find peace. I know I never will find any kind of peace. My mother died in June of 1993 and yes... Kenneth was married to my mother and has been the only father I have known for 33 yrs. I don't know where to begin or how to answer anything as I feel I am making this situation more difficult. Bottom line... being that ****** is the only child, by blood, and hap appointed a personal rep to serve on his behalf... he has survived the 120 hrs after ***** death.... WHO HAS THE RIGHT to betray and fight the only heir? Is ******, the blood son died today... would his children not be next in line? Why is the judge even entertaining the notion that there is any other way of doing this legally? my step father *****, has ONE blood child... ******.... no one should have any other say when there is no will or trust.... am I correct? The court approved and appointed Valerie, per ***** request. as the personal rep. What is there to fight here?
  2. YEs... he and my biological mother were married. My mother died in June 1993 -
  3. Probate has been opened. Kenny (the surviving child as there is no spouse), has completed and appointed Valerie as the personal rep. Which has been approved by the court. Now the deceased sibling is fighting the deceased biological son and the personal rep stating the personal rep is not capable of performing the duties. There are accusations stating that the personal rep is not the best fit and several other crappy personal stuff in the court documents. We go back to court to testify in front of the probate judge on July 26th. The only surviving blood child has appointed a rep... there appear to be no grounds for the petitioner to stand on as we have supporting documentation that their accusations are false. Additionally, the personal rep is now going to renounce their position as the sibling, Larry, of the deceased, has misrepresented themselves and made a mess of the whole situation. Kenneth (the surviving child), is ready to allow Larry to be the personal rep ONLY if it will be court supervised and no decisions can be made unless he (Kenneth) has been notified in writing with proper court documentation, to serve as the rep only to relieve all of us of the stress that this has caused and the financial situation this has put me in. (The deceased is NOT my blood father and I have no rights to anything but, I have been his "Step child" for 33 yrs and therefore can not let my "step brother" go through this alone. I have been helping him financially and have moved him up to Michigan so that he can attend all of the court hearings. I personally want rid of the whole problem but, I am not going to dishonor my "Step father" by letting his son, whom I have had a my brother.. even though there is no blood relation, suffer. Bottom line, I help family and I am trying to get my "Step brother" any information I can get him before he goes before the judge again. I will add, Larry (the deceased brother) is going to try to discredit the deceased only living child (by blood) so that he can not represent himself either. Does that help or am I still rambling? - I am knew to this so, please have mercy on me. I am only trying to help the deceased son. I don't want anything, nor do I fell I am entitled to anything. I know my step father loved me and is proud of me.... ,material things don't matter. I just don't want his son to suffer due to me not looking for answers. I am an underwriter for home loans. If I don't understand things, I look for resources to better understand. I heard this was a great site to find them.
  4. Ok - I see what you are saying - Deceased - Kenny (I have no blood relation or any claim to the estate) Kenneth (Kenny's biological son) is the only blood child with any rights, has appointed a personal rep. Kenny (the deceased) brother is fighting the probate rep and trying to say she is inadequate and has no right to be the rep. I understand I am confusing. Probably because I am distraught. Personal Rep - Valerie. Kenneth (son of deceased by blood) is having to go to court with the personal rep to defend themselves. This is become a very long process and is causing Kenneth (the biological son of the deceased) a lot of stress and he is beginning to wonder if all the research we have done is wrong. Research states (as I an unprofessional have understood) - Blood children have the first right (if there is no surviving spouse). is that correct? I have also read that as long as the surviving heir (blood child) has survived 120 hrs after the deceased, then their children (of which Kenneth has two) would be next in line. It is mu understanding that the siblings (deceased siblings and the NON blood children) have no rights to the estate at all unless there was a will or trust, in which there is none. Does that help? I am sorry. I don't mean to cause confusion and I appreciate you being forthright with me.
  5. Are you able to let me know specifically what I need to tell everyone so that this is more clear? I know I am rambling.... I don't know what to say or what to disclose? I am no where near an attorney so, I am at a loss. My brother is the only heir. His blood uncle has us going back to court as he states that the person my brother appointed as the personal rep is not capable of doing so. My brother would like to be his own personal rep but, we know that Larry will find reasons to mess with him as well. This is all because my uncle wants to sell out fathers house to another sibling for 38K (Which I as a professional underwriter and government underwriter with 10 yrs experience and HUD approved underwriter) no way NationStar (the mortgage holder) will do a short sale on a home for 38K when the home is worth 99K - I don't understand how the probate judge would rule against the only legal heir. It is my understanding that my step brother, the only child that has any blood relation to my father, can be over ridden and the judge actually had to have his assistants look up the law. Is it feasible that my brothers wishes would be overturned? I wish I knew how to be more specific. I need direction as this is causing me financial stress as my brother (though step) has moved back to Michigan to fight this court battle. I am sorry I might not be answering or addressing what you need to know. I will answer any and all questions to make this more clear. From what I have read, my brother is the only heir (siblings have no rights if there is a living child), also my brother has survived the 120 hrs required so even if he was to die, his 2 children would be the beneficiaries. Bottom line - how can a sibling, when there is no will, have any control of anything. Did he not break the law or something when he misrepresented himself to the attorneys stating he was the personal rep when he is not nor has he ever been given permission from my brother, to act on his behalf? Please feel free to critique me, question me... what ever you need to know, I will tell you.
  6. Any help or advice is really appreciated. I am tired of going to the law resource center... My uncle graduated from law school (so he says) but never passed the bar exam and we are mentally spent! I promise... nothing will be taken negatively. My brother is hurt and, though these people say they are his family... they haven't helped him emotionally or financially. I just had to pay to get him here to MI to fight this battle as he doesn't trust our uncle at all.... this is painful, I can't sleep, eat and I am overall not dealing with this well. I don't care if Larry gets to be the personal rep... not my decision. I just need to support my brothers decisions and want to make sure he is informed in any area that he can be. He wants to represent himself now. My concern... Larry will attack him and he doesn't need that... pops has been my father since I was 10... I am now 43 - step child or not... he is my father in every way that matters. My brother, though not related by blood, has been my brother our whole lives. I want to protect him... this has nothing to do with me. I have nothing to gain but peace... and peace I need!
  7. My step father passed away in December. My brother is the only legal heir and my uncle is causing quite a mess, including lying and stating that he was the personal rep and ruining our renters chances of staying in the home due to my father having the home in chapter 13 - now it is no longer safe in chapter 13 and is getting close to foreclosure. My question is, how can my fathers brother fight and cause such drama when my brother appointed our step mother (no they were not legally married, and contest that she is not capable. HE already sent emails stating he was going to make this hard on her but.... doesn't my brother have the right to appoint whomever he wants?
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