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Questions Answered by Don L Rosenberg
1 Answer | Asked in Estate Planning for Michigan on
Q: What happens to my interest in my house if my husband passes away before co-owner?

My husband is on the deed for our house with a friend that also lives in the house. Can you tell me what happens if my husband passes away before she does since I am not on the deed? Does his interest in the house automatically transfer to me?

Don L Rosenberg
Don L Rosenberg
answered on Jun 28, 2023

Frankly there is not enough information to give you an answer. Are you on the deed with him at all? How does your husband and friends read - tenants in common or joint with rights of survivorship. If can email the wording of the deed or send me a copy I can provide a better answer.... View More

1 Answer | Asked in Elder Law for Michigan on
Q: Hello, my Mother is 90 years old. She is in a long term care facility. She is unable to make decisions for herself.
Don L Rosenberg
Don L Rosenberg
answered on Nov 15, 2021

I know dealing with your mother's health challenge especially under a pandemic. If your mother cannot make decisions for herself and there isn't a health care power of attorney, I am afraid you will need to become her guardian in probate court to make her care, custody, day to day, end... View More

2 Answers | Asked in Estate Planning for Michigan on
Q: My house is only in my late wife’s name. Can I put the house in my name without going through probate?
Don L Rosenberg
Don L Rosenberg
answered on Sep 8, 2021

First my condolences on the loss of your wife. Unfortunately not. However, you can file an application for probate with or without a will. You will be appointed personal representative to manage your wife's affairs. if there are no objections or complications the probate should be... View More

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2 Answers | Asked in Estate Planning for Michigan on
Q: I own my home outright in MI. I'm 70, want to leave it to my wife and 2 sons. My name is the only one on the deed.

Can I just add their names to the deed. I hear a living trust cost $2500. Wouldn't adding their names be the cheapest easiest way?

Don L Rosenberg
Don L Rosenberg
answered on Aug 3, 2021

The simple answer is to do a lady bird deed. However, it does provide any incapacity planning or asset preservation from a nursing home. Here is a link to an article. Don’t discount the advantage of a living trust. Yes the fee may be close to $2,500 but it also includes health and financial... View More

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2 Answers | Asked in Probate for Michigan on
Q: My mother recently died and all of her assets either had assigned beneficiaries or were TOD transfers except one stock.

The one stock was split from another stock and my mother did not have time to assign a TOD beneficiary. I have 2 brothers and we have agreed to sell the stock and have the proceeds deposited into my mother's checking account in which we are all equal beneficiaries. What is the easiest way to... View More

Don L Rosenberg
Don L Rosenberg
answered on Jul 27, 2021

It is a technical answer. The answer to your question you can avoid Formal probate but you cannot avoid probate court. If there is no family issues whether there is a will or not you can complete an informal probate administration. Since the asset is in your mother's name only the only way... View More

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2 Answers | Asked in Estate Planning for Michigan on
Q: My minor children are due to receive life insurance from my ex husband. What do I need to file in the state of Michigan
Don L Rosenberg
Don L Rosenberg
answered on Apr 13, 2021

If the proceeds of the life insurance is over $5,000 then the law requires a minors money to be managed through the probate court conservator process. You would have to appointed by the probate court as your children's conservator. You will have to account to the court how much you start with... View More

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1 Answer | Asked in Estate Planning for Michigan on
Q: My uncle passed away and my dad is the only immediate relative left. What happens with his property now?

My uncle passed in September. My dad is the only immediate relative since his parents and other sibling have passed previously. We are told we need to go through probate to sign his property over. What are the steps needed to take when only one relative is left? Please help, from Michigan.

Don L Rosenberg
Don L Rosenberg
answered on Jan 6, 2021

If the assets/property is in your uncle's individual name the only way to obtain access is through a probate administration. If your uncle has a will then it is a road map for his estate. If not then there is a process. if there is family harmony it is an informal process. I can explain in... View More

2 Answers | Asked in Estate Planning for Michigan on
Q: Our mother had a living trust. can we hire an atty or other to settle the trust? Value: just under $1m incl $125k in RE

Atty firm who did the trust will help but not take full responsibility. Banks seem to help only with Acct with them Ideas?

Don L Rosenberg
Don L Rosenberg
answered on May 27, 2020

You clearly can hire an attorney to assist you with the trust administration. Just make sure you hire someone with extensive experience in trust administration. We specialize in this area and have clients all over the state and country. The trustee's responsibility is to collect, marshal,... View More

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2 Answers | Asked in Probate for Michigan on
Q: What forms to file for informal probate in Michigan.

My mom died recently - intestate. There were 4 children (all still living). Dad died a few years ago. There are a couple of accounts in her name only that the companies are asking for personal representative papers. I am one of the children, and I went and filed PC558, PC557, PC565, PC564, and... View More

Don L Rosenberg
Don L Rosenberg
answered on Jan 2, 2020

Yes, you need to file a proof of service that everyone was served with your filing requesting the court appoint you as personal representative. If no one objects to you intent to be appointed the court should then issue your letters of authority.

Don L. Rosenberg

Attorney and...
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2 Answers | Asked in Estate Planning for Michigan on
Q: My sister died with nothing but debts - do we need to actually go through probate?
Don L Rosenberg
Don L Rosenberg
answered on Jun 16, 2017

No. only her estate is liable for her debts. Since no probate is necessary the debts do not get paid. Write a letter to the creditors stating she passed away, owning no assets whatsoever and no estate is necessary, also enclose a copy of her death certificate.

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1 Answer | Asked in Estate Planning and Elder Law for Michigan on
Q: Hi This question is pertaining to my wife's parents and Medicaid

Hi,

We learned recently that my father-in-law who has dementia was advised by his attorney to place his assets, particularly his vacation home into a irrevocable trust a few years back. He stated to all of his children and grandchildren that this had been done and they wouldn't ever... View More

Don L Rosenberg
Don L Rosenberg
answered on Jun 4, 2017

Unfortunately a home or cottage in a living trust becomes a countable asset. I am not clear on whether you have already applied for Medicaid and have been denied or asking what can be done. If you applied it sounds like an appeal would be without merit and a waste of time. The proper course is to... View More

1 Answer | Asked in Elder Law, Legal Malpractice, Medical Malpractice and Nursing Home Abuse for Michigan on
Q: My mom is in a memory care unit at a nursing home. She fell out of bed on May 4 and I was informed by phone. On May 10

She was admitted to hospital and diagnosed with a separated shoulder 6 days after the fall. Do I have a case?

Don L Rosenberg
Don L Rosenberg
answered on May 11, 2017

Depends, was the memory care facility negligent. You clearly need to consult a lawyer to determine if you have a case. Clearly it was wrong not to inform you of the fall. The question is where they negligent which caused or contributed to the fall and/or was did the delay cause more damage to... View More

1 Answer | Asked in Estate Planning for Michigan on
Q: My mother died owing money to the home health care company that took care of her - are we responsible for her debts?
Don L Rosenberg
Don L Rosenberg
answered on Apr 28, 2017

Unless you signed personally for her debt, you are not responsible. Only her probate estate or living trust is responsible to her creditors.

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