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I already asked the funeral home for documentation. I was not notified of my child's death and do not know what actually happened.
answered on Dec 22, 2021
This depends on what you mean by 'took out'. If they used the LIPs money to buy the policy then yes, as Mr Geers suggests it will be in the records of the Probate Court Conservatorship (which is often different than the Guardianship).
Your question is far more complicated than... View More
answered on Dec 20, 2021
Provided her illness didn't impact her mental abilities, there is nothing necessarily improper about the facts you state. If you have questions, I would urge you to consult with a local probate and estate planning attorney ASAP.
-- This answer is offered for informational purposes only... View More
answered on Dec 10, 2021
Beneficiary of what? If you are named as beneficiary you should be able directly with the financial institutions or probate court.
HOWEVER — without seeing the paperwork it is impossible to provide any really cogent advice and that really would be beyond the scope of a forum like this.... View More
my cousin had me sign A mIchigan Life deed and now keeps taking me to court to try and evecit me, he is now suing for a Quiet Title. What are my rights?
answered on Dec 8, 2021
I concur - you need to have an attorney review the paperwork. Mr Geers and my confusion stems from the fact that a "Michigan Life Deed" is not a term used in the law.
Your local real estate attorney will need to SEE the deed you're referring to as well as the attempts to... View More
Both houses are in the same city in Michigan. We own them as joint tenant in common with right of survivorship.
answered on Dec 7, 2021
Your question has a 'fatal flaw'.
There is no such thing as 'joint tenant in common with right of survivorship'. You EITHER own as 'tenants in common' OR you have 'rights of survivorship', It can't be both. Tenants in common implies there is no... View More
answered on Dec 7, 2021
It is unclear what you are trying to accomplish.
A divorce will ALWAYS impact jointly owned property, and the fact it is placed in a 'trust' for some estate planning or administrative purpose doesn't mean a divorce court shouldn't or couldn't 'delve into'... View More
I am the sole owner of my S. Corp.
answered on Dec 7, 2021
You have asked a fairly complex question that requires the review of both a lawyer and a tax specialist (that may be one person or if you have a tax accountant it may be two).
Off hand, I'd say it depends on what the property is used for. Residential? Commercial? Rental? And what does... View More
My parents built a home on grandfather’s property that never had a mortgage. My mother passed away and my father remarried. When he remarried he stated that if he passed, the home was supposed to go to my brother & I, and his wife was to have a life lease, although he did not put this in... View More
answered on Dec 6, 2021
Mr Geer's answer is correct, but I add to emphasize that the ONLY way to impact real estate in Michigan (with some VERY limited exceptions) is by putting it in writing. If there was nothing in writing -- a deed, a will, and/or a probate court order etc -- the title is not impacted.... View More
I have to pay the loan. He put it in writing that it was to be mine. Am i leaglly resonsible for the loan. Even though his savings payed for it? My cousin says i owe her the money.
answered on Nov 26, 2021
Without seeing the documents (the will and the loan documents) it is impossible to say. GENERALLY when there is a lien against a piece of property the person 'inheriting' it needs to pay the loan. SOME wills specify loans should be paid from the estate first and any inheritance is made... View More
does this make me liable for the loan
answered on Nov 24, 2021
"Named a successor" to WHAT? Without seeing the proposed paperwork it is impossible to say what they're asking and whether or not you'll be liable for the loan. Seek local legal representation to review the ENTIRE transaction to determine whether or not it makes sense, is in... View More
I am the beneficiary of an irrevocable trust that my father left. The terms are pretty simple. I get 4% a year from the trust, plush 18k/yr for medical, at the banks discretion. The trust began at a bank that has since switched companies 3 times and is now Huntington Bank. When I have asked in the... View More
answered on Nov 22, 2021
You can use one of the several companies (some more reputable than others) that will buy an annuity or other 'stream of payments' like you receive from this trust at a 'discount' and pay you cash up front. This will likely turn out to be MORE Than 5% interest you're paying... View More
My family has lived in, and cared for, my wife's father's home for four years. We planned on making an offer to buy it several years from now, however her entire immediate family has come down with covid and things are not looking good. After a little digging, we found that this property... View More
answered on Nov 20, 2021
The ‘order of inheritance’ is spelled out in
http://legislature.mi.gov/doc.aspx?mcl-700-2102.
The bottom line is that if it is in the name of someone no longer alive, probate should have been started but if it isn’t the priority to begin probate lies with a surviving spouse... View More
I just found out my land contract seller never signed any contract after telling me that he did he's trying to take that position of the property because I am only a month behind and just trying to say that a repossession of property is an eviction which I found out it is not but what rights... View More
answered on Nov 20, 2021
A contract in real estate in Michigan needs to be written. If you didn’t both sign, you don’t have a contract. You can TRY to claim otherwise but there isn’t a great chance of success.
You MAY have more success claiming the payments you DID make were accepted under false pretenses... View More
We appealed at least 3 times and during the last appeal, mortgage co repeatedly told me that they needed more time. Final call to mortgage co to see what was going on they told me we ran out of time because the house sold at auction on that very day. They said they sent a notice which we did not... View More
answered on Nov 14, 2021
I focus most closely and strongly agree with Mr Geers in emphasizing that nobody is ENTITLED to getting a modification to a mortgage or any other kind of loan agreement. To the extent it is available, great, and if the other side 'played games' and prevented you from complying with the... View More
Purchase agreement next to tax ID # - are those representations legally binding on Seller? Seller now refuses to provide proof those actions were done. Does Buyer have recourse?
answered on Nov 4, 2021
Ate the sealing and hot water heater MENTIONED in the offer to purchase?
If not then the terms of the offer don’t imply anything. If it says ‘subject to the promises in mls#x’ then maybe. If it simply mentioned the number— that is going to be a ‘hard sell’. This is one of the... View More
My realtor sent the listing agent a few repairs to make and they agreed to do so. After final walkthrough the repair was not noticeable until after coming back to the property and turning on the water. There was still a leak in the plumbing that was supposed to have been fixed. Now I’m stuck with... View More
answered on Oct 29, 2021
I agree particularly with the likelihood that the issue may have been waived by your acceptance at closing. Without seeing the entire closing package including the offer and the ‘punch list’ of repairs required it is hard to say for sure.
If the real estate people put IN WRITING that... View More
My mother (daughter of grandmother) is no longer living as well. Do I receive any portion that my mother would have gotten from the Trust
answered on Oct 25, 2021
Without seeing the trust it is impossible to answer your question.
You should ask your aunt to get a copy of the trust and then take it to an attorney to review and you will be able to get those answers.
— this answer is offered for information only and does not constitute legal... View More
The home is being rented out by someone that can’t find another place to live but I need to sell the home due to financial hardship. We are on the mortgage together. What are my options since the other party refuses to corporate?
answered on Oct 24, 2021
That depends on how the other person and you own the property jointly — as joint tenants with rights of survivorship or as tenants in common …
You need to take your deed (the mortgage is not relevant in selling the property as it will just need to be paid off at the closing in any case)... View More
that we would like to sell to an adjacent property owner. The buyer suggested quit claim deed for transfer. However, two of my sibling owners listed on the deed have passed away intestate. Both were in California. One had a husband that inherited everything, and the other was unmarried with very... View More
answered on Oct 22, 2021
Mr Morris is probably right, but check with a licensed attorney in the jurisdiction in question. California may have something similar to a 'small estate' proceedings in Michigan that doesn't require FULL probate to deal with small assets.
Fingers crossed there is a cheaper... View More
The township approved the split, but never recorded it. We informed the township and the title company multiple times and we were told “figure it out amongst yourselves” we are now paying taxes on 40 acres and the title and deed are incorrect. I have notified the title company and township and... View More
answered on Oct 9, 2021
The beat option is to not close until this is resolved.
If you have already closed, did your attorney review the paperwork before closing? Wasn’t the issue obvious at that point? Did you hire your own attorney to review the closing package and offer to purchase?
You can still... View More
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