What are the time limits for filing a claim for an intestate estate?
In Michigan, there are both statutory and common law time limits that must be followed when filing a claim for an intestate estate. Under the statutory law, anyone interested in filing a claim for an intestate estate must do so within six months of the date of death of the deceased. If the claim is not filed within the specified time limit, the court may dismiss the claim. Under common law, the time limit may be extended if the estate of the deceased person is not yet settled. In some cases, interested parties may be able to file a claim up to two years after the date of death of the deceased. However, this time limit may be shorter if the estate has been partially settled. If an interested party attempts to file a claim after the statutory or common law time limit has passed, the court may be able to hear the case if the delay was due to an excusable cause. Excusable causes may include: mistaken identity of the deceased, fraud, mistake, or refusal to recognize the rights of the interested party by the other parties involved in the estate. The time limits for filing a claim for an intestate estate depend on the circumstances of the case and must be closely scrutinized before filing a claim. Therefore, it is important to work with a qualified lawyer and promptly file a claim to protect the rights of the interested parties.
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