In Re Forfeiture of $234,200

This case presents an issue of first impression in this state: Does an heir of a decedent or the personal representative of the decedent’s estate, which includes personal property that was seized under MCL 333.7521; MSA 14.15(7521) after the decedent’s death, have standing to assert an innocent owner defense against the in rem forfeiture? We answer this question in the affirmative.

i

Michael Tufnell was killed on August 8, 1993; he was unmarried, had no children surviving him, and died intestate. Claimants Weller and Dorothy Tufnell, as Michael’s parents, were his sole heirs. On September 14,…