Just like the Michigan probate court process, Steve McNair's wife has published the required Notice to Creditors in the local paper, according to the Nasvhille News.
Complicating matters, because Steve McNair had not done any estate planning, Steve McNair's wife will have to open two probate estates. One in Tennesee and one in Mississippit because he had assets in both states. Now if Steve McNair had a properly funded living trust placing the assets in the trust, probate in both states most likely would have been avoided. Instead Steve McNair's wife must go through two probate estate processes.
According to the article, once the Notice to Creditors is filed, Steve McNair's wife will have 30 days to file the Inventory in Mississippi and 60 days to file in the inventory in Tennessee. This differs from the Michigan probate process.
When you open a Michigan probate, you have 91 days to file the Inventory. The Notice to Creditors filing begins the clock for creditors to attach to the estate. Once the Notice to Creditors filing happens there is a 4 month window for creditors.
Christopher J. Berry, Esq., A Oakland County Probate Litigation Lawyer, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Estate Planning, Michigan Estate Administration, and Michigan Probate Litigation.
