My father died in the state of Georgia July 2012. His uncle died in Michigan November of 2012. Neither had a will. I was informed that my fa...

Question

My father died in the state of Georgia July 2012. His uncle died in Michigan November of 2012. Neither had a will. I was informed that my fathers three siblings and his three offspring, would receive a share of his uncles inheritance. Would my fathers widow, who resides in Georgia be entitled to any of the inheritance?

Answer

Probably not, but since you posted using a Georgia address, and this is a question of Michigan law, no one who sees this post will be able to answer you. Repost and use a Michigan zip code so Michigan lawyers see it. None can see this post.

Answer

Now you posted the same question with more facts. Unfortunately, Attorney Ashman is correct - you need to speak to a Michigan lawyer. Try going to a site called AVVO - and direct your question to Attorney James Frederick as he is a MI attorney: http://www.avvo.com/attorneys/48154-mi-james-frederick-739163.html

In answer though, your father's wife can inherit from your father as per the GA intestacy laws. Since father died before the uncle and uncle had no will, uncle's assets will pass as per the MI intestacy laws. The heirs under MI law would be uncle's spouse and children (generally - I am not admitted in MI so you need to confirm this with a MI attorney). If there are no spouse and children, and no parents of uncle, then uncle's siblings (brothers and sisters) would inherit. If any of them are deceased but left children (like your father) then they would inherit the share of their deceased parent. So it appears from your new information that your father's widow gets nothing but your father's children, the siblings of your father, and any other nieces/nephews/siblings of your uncle would inherit.