According to my brother executor she doesn’t but according to the pension people at his company she does. Causing lot of family drama! Being called trying to pull one!!
answered on Sep 23, 2023
IF (and only if) the 'pension' has a death benefit -- maybe.
Is the mother a named beneficiary of the pension 'death benefit'? Then she's entitled to directly receive a portion per the rules of the pension.
If the TRUST is the named beneficiary, then the... View More 
There has been an unauthorized easement to my property for over 85 yrs. Ive only owned the property for 6 yrs. The path is the only way to get to my driveway or i have to park on the road. However, parking my vehicles on the road will block my neighbors driveways. The city road is only wide enough... View More
answered on Sep 13, 2023
There are lots of unanswered questions raised by your statement of facts here. "Unauthorized" in what way? Who owns the property -- you or the city? Is this easement on YOUR property or are you trying to use the property AS an easement to get access to your property? It is all pretty... View More
If I have tenants thats lease has expired (expired in may) and they are now month to month can I give them a 30 day notice to vacate since they aren’t willing to sign a new lease? They have been behind on rent the last 4 months on their month to month but recently got caught up.
answered on Sep 1, 2023
I concur, you can give a 30 day notice for ANY (or no) reason. HOWEVER, be sure you do it right. If you don't give appropriate notice either by missing a deadline or 'rushing' the move out date or not including all the required statutory language it will be 'defective' and... View More
Signed early occupancy for August 15th, The day his brothers lease ended. First son left all furniture, tv’s and personal belongings for brother to have. Brother did not pick up keys to move in until the 21st. On August 17, Landlord threw out all belongings left in apartment.
answered on Aug 29, 2023
That is not a question, you've simply made some factual assertions. What is your question? Did the landlord have the right to pitch the stuff? Depends on the terms of the leases. If the one said 'anything left becomes property of the landlord' and the other said 'the rental is... View More
I'm her only child and she's not married. The only thing she has left is some clothes and a few nick nacks. I intend to donate most of it to good will. How do I go about being named executor? Since she had nothing why would I want to be named executor? She was married for a long time to a... View More
answered on Aug 21, 2023
You say she didn't have anything but then add she has a 10,000 (plus judgment interest?) debt owed to her. Therefore she DOES have something to probate: her interest in that judgment.
The question becomes is it worth it to begin probate for the POSSIBILITY of recovering 10k? The... View More
My father created two Florida wills in 2020 and 2021 after his wife of 36 years died in 2019. Both had trusts that were similarly worded to provide for five children. The wills gave everything to a woman Dad met six weeks after my step-mother died. We lost a challenge to the Florida Will. It is... View More
answered on Aug 20, 2023
I’m sorry to hear of your loss.
The question you ask Hans no clear answer but the analysis starts with a smoke question: Was there anything IN the trust? If the valid will was NOT a ‘pour-over Will’ and there was nothing in the trust then the trust is of no consequence.... View More
I've lived here for almost 4 months I do not have immediate plans to be able to move just wants to know what will happen if I can't get out right away
answered on Aug 8, 2023
Whether you've lived there for 4 days, 4 months or 4 years, the answer is the same. If you are 'subletting' (which is what I assume you mean) your rights are the exact same as the tenant you're leasing from -- or less if the lease prohibits subleasing. You probably weren't... View More
Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents.
Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust... View More
answered on Aug 7, 2023
The brother isn't 'disqualified' from being a trustee because of his status on Social Security Disability for a physical condition, but some federal benefits (specifically SSI which it sounds like may not be involved here, but I'd want to be extra sure!) may be impacted by his... View More
His Family told me I have 30 days that they are returning the house to the bank we have a lease and every receipt for the last 3 years almost 4 we lived here and what do I do with the rent money they are asking me to give them
answered on Aug 4, 2023
Mr Soble is absolutely spot on correct about consulting with a LOCAL real estate attorney about your situation.
But your question is a bit unclear.
You say you have a lease. Is that lease ending at some point in the FUTURE, or has it already ended and you're now 'month... View More
Original sellers passed away and the person is seeing hand written notes saying I missed 4 pymts. can changes be made like that without a new contract or signatures? Original contract ends in April they changed it to August but I'm paying it off early
answered on Jul 18, 2023
That isn't a 'change'. If you didn't make the payments they are entitled to the payments that were not made and it appears they are offering to do so with no 'interest penalty' which I'm sure the contract provides for ... you're probably coming out ahead. IF... View More
Father was advised to receive permission from X-wife as children's representative to bury the son. Then x-wife was told she needed to get permission from deceased son's father to be in charge of the probate process. Why would Father need permission to bury from x-wife then x-wife need... View More
answered on Jul 13, 2023
Bear with me -- you actually ask a rather complicated question even though you may not think it is! AND THIS UNDERSCORES why you need local legal representation!
There are two things going on here: 1) who can make burial arrangements and 2) who has priority to act as Personal... View More
The current mortgage company acquired my loan a few years ago as the original lender sold it off. I have never been late, have a credit score of well over 800, paid extra over the years, and have 23 months until the loan will be satisfied. As such I have over 90% of the equity (even by the... View More
answered on Jul 11, 2023
What does your mortgage say? IF it says they can randomly require you pay for inspections, then yes, they can do what you describe. If it says they can force you to pay for inspections whenever work is done on the property that too is something they can do.
If it doesn't say that,... View More
My question is do I need him to sell it because he will not respond to a text message and email a phone call a letter nothing radio silence. I can't in good faith show a family a home and get their hopes up have them get a bank loan and have this Yahoo not comply
answered on Jul 11, 2023
If I understand correctly, you are BUYING a home from a former friend on a land contract and making payments to them. MOST (and I can't emphasize enough that you need to read the terms of your land contract as this is only general information and not legal advice!) land contracts have a... View More
Was recently made aware I am one of the tenants in common with my siblings on my deceased grandmother's 47 acre land. I would like to move onto the land but one of the tenants in common said I cannot with out approval from all the tenants in common. Is this true?
answered on Jul 4, 2023
EACH of the tenants in common has an undivided fractional interest in the property. If you can, for example, determine how to build on only 1/10th of the property without dividing it into 10 slices, then you can do what you want with your share without anyone else 'agreeing'.
As... View More
I am deceased a nd have the money come out of the sale.of the home, so I don't have to deal with is this a thing, is this legal?
answered on Jul 2, 2023
Your question is not exactly clear, and it would benefit you greatly to contact a local probate attorney to review your whole situation to provide real advice.
Generally speaking, the debt is due when the debt is due and absent an agreement with the creditor to change that, you cannot... View More
I want to sell a house I am buying on land contract
answered on Jun 8, 2023
I concur, the 'simple' answer is usually 'yes', but the land contract itself needs to be consulted before you go too far. For example, there may be a 'due on sale' clause meaning you have to pay off the land contract *immediately* upon such a sale, or it may not... View More
I belong to a bow club that owns 120 Acres. There are 16 plus partners that have all privileges. Myself, my son and one other member own 54.4% and pay 54.4% of the taxes.
answered on May 17, 2023
I assume the partnership is incorporated under Michigan law?
How is the property titled? In the name of individuals or the name of the partnership?
What does the partnership agreement say about selling assets?
Does it require a simple majority or a super-majority?... View More
My easement is a 60 foot wide, private easement for the purposes of ingress and egress and public and private utilities. It goes through my neighbors property back to mine. He currently has a greenhouse, chicken coop, shed that he has put within a few feet of the driveway Over the past couple of... View More
answered on Apr 16, 2023
The SHORT answer is that the owner of the land cannot put anything on the easement that would impair the use of the easement by the other party.
So. plant grass? Sure.
Put gravel down to improve the access? Absolutely.
Put in a fence or building that prevents using the... View More
There are significant assets that will transfer outside of probate (trust, POD). Is an Order for Assignment of Property sufficient when dealing with miscellaneous entities (post office, locksmiths, utilities, etc)? Or is it advisable to go for Informal Administration. Affairs were not complex -... View More
answered on Apr 16, 2023
Mr Harris is right, but I have found the Post Office (particularly) can be 'dense' and insist on seeing letters of authority before they will do 'anything' -- depending on the local postmaster etc. Go to the post office and try to put in a forwarding order or contact the... View More
Michigan. Items were taken by the police, am I entitled to them or do I have to file a probate claim?
answered on Apr 10, 2023
I agree with Mr Harris, but I'm compelled to ask -- the POLICE? It is VERY unusual for the police to become involved in such things unless 1) there was violence and/or 2) the items removed were somehow contraband.
YOU ABSOLUTELY NEED to get local legal advice and probably... View More
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