It is possible that if all of the decedent's children disclaim that the account would then go to his surviving spouse. But that depends on other factors, including exactly how the beneficiary designation was worded and whether there were contingent beneficiaries after the children. You...Read more »
I’m an only child my father has lived with a woman for 20+yrs, they never married. If he died how would his assets be distributed? We all live in Michigan, all of his assets are located in Michigan. Most of the stuff he owns is solely in his name.
If there is no spouse but there are surviving children the children inherit property that is in the deceased’s name only under Michigan law. But there needs to be private and that needs to be done promptly and properly.
Your father needs to think about his estate planning and create a...Read more »
In drafting a revocable trust in Michigan, I typically start with my client's goals. Some clients just want a simple revocable trust that simply transfers property in a certain after their death while others want to direct how money and property is to be managed after their gone. Typically,...Read more »
There are two ways to do this. The first way is to inform the maker of those instruments that you are not willing to serve and ask that he or she revoke the existing instruments and make new ones. If that is not possible, then you can simply decline to serve. This should be done in writing and...Read more »
If a man left specific instructions on his funeral with an unrelated trustee and purchased a cemetery plot before he died, but he did not leave any written instructions, can a daughter change his plans?
Michigan has a funeral representative statute. If the specific instructions conform to that statute, than the trustee makes the decisions. If there is a dispute, the funeral home make require a probate court order - particularly if the dispute is between burial or cremation. If the dispute is about...Read more »
You can replace all of those documents with new, corrected ones, of course, and that is the BEST solution. If that is not practical, then consider a same name affidavit to connect the dots between the misspelled name and the correctly spelled name.
Mom died left everything to her two daughters and one daughter had her children legally taken away . That daughter died ..Does her children still have rights In the WILL because it says if daughter is not alive it goes to her children ..but for the record the WILL was wrote in 1999 before her... Read more »
Do you know whether the daughter's parental rights were terminated or if she just did not have legal custody? If her rights were terminated, then no, her kids would not inherit from your mom as termination of parental rights severs kinship; if the daughter just lost legal custody (e.g. the...Read more »
You cannot force someone to give or sell property. If her name is the only one in the mortgage/deed she will need to voluntarily sell (‘sign off’) the property or you will need to probate the property after she passes. The real issue here is that if there’s a mortgage that will complicate...Read more »
I would like to use it as a down payment on a house. However I have no details about the size of the trust or how to ask for some of the money. What paperwork does the trustee or executor have to provide to the beneficiary,?
The court was kind enough to name the publication - Oakland County Legal News. So far I have "Publish one time in 1.Oakland County Legal News in 2.Oakland County. Furnish #3 ??? copies to #4 ???. Furnish affidavit of publication to the probate court with copy to #5 ???. Forward statement for... Read more »
My father recently died and had his previous wills canceled for religious reasons but never redid them. When I went to the bank to inform them that he was deceased, they noticed that I was the beneficiary of the accounts and said that I could finance his balance due for 44K or put a full estate... Read more »
Generally the assets of a decedent must be filed and managed through probate, and it would not likely be permissible to buy the house without probate. Without a will there are statutory rules regarding allocation. This is a situation where you should speak with an attorney to avoid unintentionally...Read more »
Doubtful. Insurance is a contract. If his mom is beneficiary, that's to whom the money will go. Possible exception may be a cash value policy paid into during the legal marriage (not total time together).
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...Read more »
Actually, quite the opposite is true: his will is now the controlling document; the power of attorney is no longer effective. You would need to see the will to see what it says about distribution. Most of the time, the will express everything go to the surviving spouse. Even if the will says...Read more »
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