[ALcompatty]

I am trying to find out some information with regard to payment of death benefits when there is no estate. An individual resided in Michigan at the time of his death, but died in Alabama in a work related accident. He had no dependents. Under Alabama law, he is entitled to a one time lump sum payment to his estate. However, there is no estate open for the decedent in the county in which he resided.

Can anyone tell me if there is a way in Michigan for an employer to open an estate for a decedent employee? Thanks for any help.

[aaron]

Why would the employer open an estate? How is the employer interested in the assets or proceeds of the estate?

[ALcompatty]

The employer is not interested in the assets of the estate, other than the fact that, by law, it currently holds assets that belong to the estate. The employer is legally required to pay money into the estate when there are no dependents.

I did find my answer, however. Many counties have a county administrator that is linked with the probate court. One can retain the county administrator to petition the court for administration of the estate, and thus the estate is created by the court, and overseen by the county administrator. In this way, the employer can pay the death benefits into the estate, and then creditors can be put on notice of same.

[4eyedbuzzard]

Just as a side note, even in the absence of dependents there are likely to be heirs to his estate determined by state law of his residency(Michigan).

Here's a link to an explanation of MI intestate succession:

http://www.fcs.msue.msu.edu/fm/Michi...uccession1.pdf