I read your column often, and now I find that I could use your advice. My husband’s aunt passed away earlier this year. His uncle passed many years ago, and had a will set up to be split equally between my husband and his siblings. .
You are at a disadvantage living so far away. You weren’t there to see what actually went on. You will need to hire a lawyer in the state where your sister-in-law lives and mother-in-law resides. She is beholden to the laws of her state where your mother-in-law died, and must act accordingly. An executor must always fulfill his/her “fiduciary duty,” which essentially puts the onus on the fiduciary to place the interests of other interested parties ahead of their own.
In Michigan, If the will is admitted by an informal proceeding , there is no statute of limitations for contesting the will; however, a challenger may be prevented from contesting the will due to an unreasonable delay in bringing the claim,” according to Clark Hill law firm. “If a will is admitted by formal proceeding , the challenger must raise his or her claims by filing Objections prior to the admission of the will.
There are 1 million cases of elder abuse reported to National Adult Protective Services Association per year, which is a small fraction of overall cases. U.S. states are currently working on compiling a database of national elder abuse data. The National Center on Elder Abuse, a government agency affiliated with the U.S. Administration on Aging, reports that elder abuse lags by as much as “two decades” behind research into fields of child abuse and domestic violence.