I am on question 9. It states " I nominate _____ as personal representative, who is qualified and has the following priority for appointment _____. I am a only child and this news for my mom's estate. Do I just put then I am the only child
The 'priority' for appointment is based on the Michigan Probate statute. If there is a will, the person named in the will has priority. If there is no will a surviving spouse does. If there is no surviving spouse all surviving children have equal priority.
If you don't... 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 »
Mr Harris is correct, and indeed, if there is no Michigan property to probate, you may be able to JUST file a SC probate action to deal with the property there despite the residency of the deceased.
Again, get that SC attorney opinion to verify what and how you should proceed. It would be... Read more »
No -- and there are several issues rattling around in your question that SCREAMS your family need to get real advice from a local estate planning attorney.
If someone lacks 'testamentary capacity' because of dementia or any other illness, they cannot create estate planning... Read more »
If yes - How do I determine damages?
Mr Geers is exactly correct, and I would add, if you don't know what your damages are, they likely won't 'stand up' in Court. The FIRST thing you need to think about when litigation is possible is 'what are my damages and how much might I expect to recover?'... 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?
You mean in the PHOTOS of the listing?
It may be a bit 'iffy' to digitally retouch photos in a real estate listing but it isn't 'illegal'.
I remember as a young adult looking at a house that was in my price range and the photos in the listing were all... Read more »
We hired a lawyer to represent us in the estate of my wife's deceased father. We thought everything was going well as we were filling out asset reports and such we were giving bank accounts to the lawyer and everything seemed normal after 6 months he asked us for our proof and right up for the... Read more »
USUALLY the lawyer handles that, but what did your retainer say about who was doing what?
There won't be a 'problem' since the estate doesn't need to be closed for 12 months, but it is important to be sure you know who will be doing what when you hire an attorney. You... Read more »
she is now handicapped and habitat for humanity is saying she needs this in order for them to help her out. My concern is the loss of money owed to fulfill the contract.
There are significant differences between land contracts and mortgages and before you do anything I’d confirm directly with the habitat attorney they won’t help if someone has equitable title instead of legal title and then consult with your own attorney before you do anything.
Most... Read more »
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 »
This is essentially a 'divorce' and you need to approach it that way. PLEASE seek local legal representation so you can both get the answer to 'what can she do' (as Mr Harris has pointed out the answer will be different depending on how you own the house!) and what YOU should do... Read more »
You need to hire an attorney to help! The attorney can do whatever is needed to accumulate paperwork, etc. without violating any PPOs.
Trying to DIY this given the PPO is asking for trouble.
Get local representation!
The company is headquartered in Indiana, I signed the contract in Michigan.
Mr Morris is right, and further without seeing the actual contract it is unclear if you even have the ability to sue ... many contracts contain mandatory arbitration clauses which might preclude a lawsuit. It may also be more expensive to arbitrate or sue than you're out at this point so any... Read more »
Condition of floors did not change in the one months time the buyers had showing, performed inspection, had final walk through and a walk through again 30 days after closing (30 day occupancy clause). Buyers have been in house for a week and they have two large dogs and I have yet to see proof of... Read more »
Without seeing the accepted offer, closing package and any escrow agreements you signed at the time of closing and before, it is impossible to answer your question cogently.
Did you have an attorney review the closing package and offer? If you accepted an offer without an attorney review,... Read more »
He's been living there rent free. Title and all bills are in my deceased parents name. Will states that the condo is to be divided by 4 or if all agree the brother can buy us out. I do not agree. What do we do now? My sister is the executive. We signed over our rights as executives in order to... Read more »
I assume your sister is the personal representative. Michigan doesn’t appoint executors or executives.
If she’s been appointed by the court she has the authority and is REQUIRED to settle the estate which means selling or distributing the house.
However, the tone of your... Read more »
I was scammed on a house I was paying someone who acted as the landlord later I found out it's the banks house so they came after me for the rent I already payed an have been taking it from me through taxes for years
Without seeing the judgment and any other documents like the garnishment orders etc., it is impossible to provide you any real legal guidance. Did you have an attorney? THAT is the first place you should turn to have this explained.
If not, you need to find a LOCAL (to the area where the... Read more »
We paid 2 yrs of payments. Now it is time 51% Collateral owner to release Collateral property but only if we draw up new deed reverting property to us and any expenses incurred. Is acceptable for 51% Owner to hold our property bcus we wont drawn up docs and bear expenses
What does your contract say? What is ‘acceptable’ is largely dependent on what you agreed to and without seeing the documents it is impossible to say for sure.
You need to run mot walk to a local attorney who can review the documents and provide you real advice on this. You should... Read more »
This deed is in fulfillment of a land contract with the now deceased.
Yes, but you would be well advised to consult with an attorney who is familiar with real estate and probate law to insure the deed is drafted correctly, DO NOT rely on a 'title company' or 'realtor' who is not licensed to practice law to do this and BEWARE anyone who prepares a... Read more »
Is there anyone that could give me free legal advice for free if so who?
MOST attorneys offer limited consultations at no charge.
You need to contact an attorney in your geographic area who handles the type of issue you have (domestic, real estate, estate planning, criminal law, civil litigation, etc.) directly and ask to set up a time for a free consultation.... Read more »
They had no will and we just sold it ( a few years after they passed after getting permission from courts).
There are 7 children splitting the money whom each get about $8,000 each.
They had no other assets or estate to speak of
Mr Geers is correct IF the house sold for the inventoried value (or less). If it were inventoried for less than it sold for, there may be capital gains taxes to pay.
The BEST person to ask this of is your attorney who handled the estate (did you have one?) as there may well be other issues... Read more »
Both my father and stepmom passed away there was no will and it did not go to probate as there were no assets and me and my sister agreed. My father had a pistol that he carried on him. So how do I get it registered in my name and what do I need to do so? Tried looking online and can’t find any... Read more »
I am sorry to hear of your loss, but you've made a critical error in your factual discussion. If there was a pistol, there WERE assets no matter what your sister and you agreed.
You are correct that you probably don't need to go through a 'full' probate if the firearm... Read more »
& I filed missing persons reports and took dental records to the morgue. No one has seen or heard from my mother since. How do I go about filing a claim for unclaimed property If we have no death certificate?
MCL §700.1207 controls as to having someone declared legally dead so you can get a death certificate.
The requirements are there, but frankly this happens so infrequently that I'd have to sit and read the thing to remember exactly what is needed. Provided nobody has seen or heard... Read more »
My sister and I are currently in probate court battling fathers estranged wife over his home. They were in the process of divorce when he committed suicide and I have numerous divorce documents, texts, handwritten notes and witness testimonies that show she was not to have the home. We are... Read more »
I'm sorry to say that unless your father put his 'wishes' into a will or other testamentary document, the laws of intestacy are how his estate will be divided. His misunderstanding of dower really won't play into anything here, and if the divorce was not in process (as in filed... Read more »
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.
