They never shared a marital home he lived with my mother the entire time. She chose to live with her ex-husband and their two youngest children. Unfortunately, my nephew died in the hospital not because of the treatment the doctors were giving him, but because of his lifestyle the treatments... Read more »
answered on Nov 21, 2022
Certain people have the right to participate in probate court proceedings for a decedent estate. These people are called "interested persons" as defined by Michigan law. For example, a deceased person's spouse is an interested person. If the deceased person had any surviving... Read more »
Father passed away and us 3 siblings had an estate lawyer and were dealing with things. Older sibling got nasty and greedy and was able to take our original estate lawyer and come at us. We now have our own lawyer to represent our interests, but we are worried that the older sibling is abusing time... Read more »
answered on Oct 12, 2022
First, you have your own lawyer - why not ask him or her this question?
Second, your personal liability to the attorney for attorney fees is a matter of contract. It depends on whether you and the brother signed a retainer agreement with the attorney agreeing to pay the attorney's... Read more »
Does that legally mean it’s just her money or would that money have to go into an estate and be split
answered on Oct 6, 2022
Bank accounts that have a payable on death beneficiary designation on them pass outside of probate. That means if your father-in-law named someone as a beneficiary to his bank account, the money belongs to that person, and that person alone, upon your father-in-law's death. That person (she?)... Read more »
I have asked to see them but they have refused to show the documents to me
answered on Sep 30, 2022
Your brother and sister have no obligation to share your mother's power of attorney or your mother's trust with you in a strict legal sense. If your mother is living, then it is likely the trust is revocable and she is the only present beneficiary of the trust, and no one else is entitled... Read more »
My mother is 97yo. She has no property that she owns and no car. She is in hospice and close to death. Her assets include only 3 POD CDs, a checking account (current values < $50,000 for monthly recurring bills; one credit card with a balance of < $100; a Savings account of just over $1,000;... Read more »
answered on Sep 22, 2022
Respectfully, I disagree with my colleague's answer above. The trustee of a trust has a duty to publish notice to creditors after death of the grantor. See MCL 700.7608.
700.7608 Duty of trustee to give notice.
Sec. 7608.
If there is no personal representative of the... Read more »
The estate has been completed and payments given to everyone. His original taxes for 2022 have been filed and are kept with the rest of his records in a safe. Do I legally have to give her a copy?
answered on Sep 7, 2022
Most likely yes. You have a duty to act in the best interests of the estate and heirs and devisees. You also have a duty to provide reasonable information about the estate and estate property to the heirs and devisees of the estate, especially information pertaining to the financial condition of... Read more »
daughter are on warranty deed in MI. No mention of survivorship on warranty deed. Does Mom's portion need probate still? Mom's spouse willing to sign Quit Claim deed to daughter on the said deed. If probate needed, can you file in TX & MI, can spouse still sign Quit Claim to... Read more »
answered on Aug 31, 2022
Based on the information given in your question, it sounds as if the deed to mom and daughter conveyed the property to them as tenants in common. If this is the case, then some type of Michigan probate procedure will need to be used to transfer mom's interest. Your best bet is to contact a... Read more »
My brother has recently passed away he never put the deed in his name so is it part of his estate or would it be my mother's estate?
answered on Aug 1, 2022
It's unclear from the question whether your brother was a remainderman on a lady bird deed (he only became owner when your mother passed) or whether your brother was a joint tenant with your mother, who had right of survivorship. Either way, if your brother survived your mother, the house... Read more »
The law office that took care of my father’s will will not provide a copy of any of the children listed. He said I needed to contact the lawyer of the co-representative of the estate that had nothing to do with drawing it up
answered on Jul 27, 2022
The directions given to you by the drafting attorney are correct. When an attorney drafts estate plan documents for a client, the attorney owes the client the duty of confidentiality, even after death. After a client's death, the only person who can waive confidentiality for the client is the... Read more »
After closing on my home, but before moving in, my neighbor had his property surveyed. Among other things, there is a semi permanent structure built by the sellers husband, who is deceased, that the survey shows is encroaching on his property. On the Disclosure Statement, the seller stated there... Read more »
answered on Jun 24, 2022
The answer to this question is: maybe. There are two different issues. The first is the encroachment onto the neighbor's property. The second is the basement work done without proper permits.
As to the first (encroachment issue), the seller would not be liable to you for that unless... Read more »
Furniture, linens, utensils, flatware, dishes and clothing. Do we just guess what the value could be? The clothing would be donated because none of the heirs can wear the clothing or want them. Is there some type of calculation formula? These items really don't have a monetary value. As far... Read more »
answered on Jun 3, 2022
There are a number of places where you can get inventory values for the things you need.
For valuation of real estate, an appraisal is acceptable but may not be required. Local practice may vary, and other sources of valuation for real estate may also be accepted, such as a Comparative... Read more »
answered on May 20, 2022
By "a wife's rights to everything", I'm assuming you mean the surviving spouse's right to a share of an intestate estate. Generally speaking, if the husband dies leaving a probate estate and leaves a surviving spouse, the surviving spouse is entitled to the first $240,000... Read more »
A man passed in Michigan where he and his wife were living at that time. He and his wife own land in SC worth $4,000. Does the land automatically go to her without filing probate in MI? His entire estate was less than $20,000.
The wife is trying to sell the land in SC but this issue arose... Read more »
answered on May 16, 2022
This is a question that depends on South Carolina law. A Michigan probate court does not have jurisdiction to decide matters regarding real estate located outside the State of Michigan. Other states could have a statute though that allows South Carolina to recognize ancillary probate proceedings... Read more »
Our property is shown in the Real Estate For Sale Listing of our neighbors. However our Property Survey Markers have been digitally removed as well as No Trespassing signs?
They moved to Florida months ago and left some furniture behind. We closed gave them 2 days per the closing agreement and they are still dragging feet on removing the items. Can we take possession of the house and allow them to come and get their stuff later.
answered on Apr 27, 2022
It sounds like you should be able to take possession and change the locks, but to be sure you should take your documents to a real estate attorney for review. In situations like these I usually tell people they can put the items in storage and give the former homeowner notice that they can come get... Read more »
The facility is located in the state of michigan and the new resident had no POA or a will that would have specific directives.
answered on Apr 25, 2022
Yes, there is nothing illegal about that, however employees of the assisted living facility should not serve as witnesses to the signatures on the patient advocate designation.
My girlfriend wants her name off the mortgage that we both share. She wants me to refinance and pay her half of equity that's in the house. If I can't afford to pay her half of equity can she force me to sell the home? I have already been approved to take over the mortgage loan by myself.... Read more »
answered on Apr 24, 2022
She can't evict you, but depending on how you guys hold title, whether as joint tenants or as tenants in common, she might be able to file a partition lawsuit against you to have the house sold and the proceeds split between the two of you.
I recently bought a condo and the seller agreed to share some repair costs with me. It was supposed to be done before we closed, which is why we don’t have anything signed but she got really sick at the end and didn’t get it taken care of fully. Only 2 things fixed vs 4 on the list. I tried to... Read more »
answered on Apr 20, 2022
Enough? Anything's possible I guess. The fact that your evidence is mostly emails and texts doesn't dictate whether you have a winning case or not. There are ways to get those into evidence, so the trier of fact can weigh it. But keep in mind evidence is not proof.
Think if it... Read more »
To gavel the road. They are tearing up my yard with machinery and parking it on my land. I live in Michigan and on my deed it says my land abuts up to a private road but it runs through my land not on the edge. And in Michigan it needs to be 33 feet wide with a turn around big enough for a fire... Read more »
answered on Apr 14, 2022
The permissible use of an easement is based on the language of the easement grant. Uses of an easement that unreasonably exceed the grant of easement can be enjoined in court. You will need to set up a consult with a real estate attorney in your area so the attorney can review the documents... Read more »
answered on Apr 2, 2022
No, not unless it was left to the partner in a will, trust, beneficiary designation, or ladybird deed for example.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
