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My sisters and I were informed by Probate that we can not go the simplified process do to the amount. What steps need to be taken to receive her benefits from Fidelity. My sister is listed as the Power of Attorney, with another sister and myself, would this help the process?
answered on Apr 15, 2024
PoAs are ineffective after the principal dies so that means nothing. Did she have a will and was there a personal representative named in it?
If so that person has ‘priority’ to start probate. If not you and all your siblings — assuming your mom was unmarried at the time she passed... View More
Deed is made out subject to quit claim deed made out at the same time.
answered on Apr 1, 2024
A deed does not HAVE to reference survivorship to be ‘valid’ but it WILL impacct HOW it works.
Without seeing the deed and understanding exactly what your question is, an answer is impossible though.
I’d urge you to bring the document(s) to a licensed local attorney to... View More
Family who lived there is dead. I'm paying the back taxes.
answered on Mar 26, 2024
That depends on how it was 'left' to you.
By a ladybird deed? Record the appropriate death certificate(s) and property transfer affidavits with the appropriate agencies.
By Will? Probate the estate and the PR can transfer by deed.
Some other way? Some other... View More
8yr tenent, always paid rent on time. Has been homebound due to no handicap accessible ramps. Apt. never repaired for safety. I txt landlord an t said it was because they want to renovate. He has no where to go, no family in state and very low income senior with disabilities and no one else receive... View More
answered on Mar 21, 2024
Michigan is not one of those 'many' areas the California lawyer mentions that provide 'special protections'.
Absent a showing that the eviction was 'retaliatory' or 'discriminatory' in a way protected under Michigan law, a landlord is not FORCED to... View More
Our apartment lease in Michigan ended and we were told we needed to renew or we'd be subject to MTM fees. The lease agreement states there is a "one-time holdover fee when the lease contract renews to month-to-month," but no monthly fees are mentioned (I paid this holdover fee.) I... View More
answered on Mar 6, 2024
In Michigan, the written lease terms continue when holding over — however — the monthly payment can change with 30 day’s notice. They can increase fees or monthly rent at any time given that notice. It’s why month to month leases are generally a bad idea for anything more than a month or two ….
ly owned except car. i'm executor/personal rep of will. i've been driving it and paying the car loan and ins monthly since dec 2022. tabs are now expired. everything still in her name. lien on car. can't transfer title, not enough $$ for pay off. neighbor says i can register the car,... View More
answered on Mar 1, 2024
Well -- you COULD lie and claim to be your deceased mother, and renew the plates, but then you have to also lie to the insurance company and risk getting caught in insurance fraud .... etc. I'd suggest that isn't such a good idea.
Can you get new tabs for the car without... View More
Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More
answered on Feb 28, 2024
That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.
You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with... View More
so the realtors office took care of it.
Now my attorney wants to charge me more for a deed to a small piece of vacant property left to my sister and I. I am giving my half of the property to my sister. Is the property now part of the estate?
Can I send a quick claim deed to the... View More
answered on Feb 19, 2024
If you already have an attorney it would be inappropriate to answer here, however, since there is no such thing as a ‘quick claim deed’ it IS clear you need legal help to complete the probate.
If there is property in the estate it isn’t ‘done’. If you want a second opinion you... View More
answered on Feb 18, 2024
You need to ask this question of an OHIO lawyer but in general, a 'waiver' means you agree with something and will not be appearing in court to contest what is being asked.
HOWEVER, if you want specifics including what that Ohio code number means, you need to consult with someone... View More
I sold a house on land contract, default was made years ago by destruction of property, and abandoned, contract clearly states I regain full, peaceful possession. If defaulted on .Now I'm trying to sell again after rebuilding and title co. Says the previous buyers on land contract, holds the... View More
answered on Feb 7, 2024
Mr Soble is exactly correct, but to expand on that, you ask "what good is a contract then".
The contract protects the rights of the buyer, and provides them EQUITABLE title to the property while you retain LEGAL title. If you don't understand the difference between those two... View More
The attorney has made a claim against the estate, provided a brief description, no billing, no agreement, was not hired by the PR of the estate. Did not assist the PR of the estate. The PR appointed has not used anything from the attorney. What can be done to fight the attorney fees? What type of... View More
answered on Feb 5, 2024
Assuming the PR has an attorney (and if they don't they SHOULD!) the attorney hired can respond to the claim.
There are deadlines for responding to a claim so be sure you adhere to those deadlines and if you don't already have an attorney get one ASAP to insure you have time to... View More
The mother is a drug addict and she would blow anything she got on herself.
answered on Jan 25, 2024
Mr Taylor is right, and further, if the mother and the local friend of the court are sophisticated enough, they can 'attach' any distributions from the trust making it less than useful in the first place.
The SOLUTION probably lies in the domestic courts here, and the longer your... View More
Spouse had revocable trust and the other (excluded) spouse was not on the purchased property deed.
Along this same line, can the trust assign a beneficiary, other than spouse, on large purchase items purchased after they were married?
answered on Jan 17, 2024
Spouses have the ability to eject ‘against a will’ and challenge being omitted from an estate plan absent a valid pre-nuptial or post-nuptial agreement.
This CAN be done, but it is complex and fraught with danger and may not work 100% of the time.
A local licensed estate... View More
I'd like to clear my daughters debt to me and not go to small claims court, and in return she will receive no inheritance when myself and wife pass. Can this be done legally ..
answered on Jan 17, 2024
Yes, and you could simply cut your daughter out of your Will without ‘hooking’ it to the debt, but to try to do anything like this without an attorney explaining the pros and cons for YOUR situation and drafting documents to accomplish the goal is playing with fire. For example, if you ‘write... View More
answered on Jan 10, 2024
You will need to do that at the secretary of state's office, and they will need to see some sort of 'proof of trust existence and authority' for whoever actually signs the title. The Trustee (person who generally has the authority to act for the trust) should be able to provide that,... View More
My mom did a lady bird deed for me conveying the house to me since. 2018-2022 and my brother changed it when she was sick how can I challenge the deed my mom couldn’t sign her name no more like it was on the deed my brother done
answered on Jan 10, 2024
I concur, but not just a 'Michigan' lawyer, but one in the area where the house is located. Michigan as you know, is not a 'small' state -- an attorney in Houghton will not be of much help in a dispute in Saginaw, Bad Axe, Traverse City or Grand Rapids, and one in Detroit... View More
She is 84 he is 72 my wife and I are on the house deed
answered on Jan 8, 2024
That depends on HOW you are 'on the deed'. Was the deed prepared by a licensed attorney? Was this a DIY situation?
There are MANY pratfalls for the uninitiated in trying to 'just add a name to avoid probate' and sometimes it actually CREATES A NEED FOR MORE COMPLEX... View More
My brother said, in order to avoid probate, my dad would have to quitclaim all properties over before death, something that my siblings and I still argue about after 15 years. I thought that when you quitclaim a house to family that it would show up as 09-Family. What is this 26-partial interest?... View More
answered on Jan 8, 2024
What are you looking at? Some sort of tax listing? A summary from the local register of deeds? Where is the property located? Have you actually seen the DEED that was recorded?
These are all questions that need answers before you can get any meaningful information ... I have NO clue what a... View More
My husband’s father died recently, his sister is the PR and she will not share a copy of the will or trust with my husband. According to her, these documents were updated recently.
We are wondering if filing an Informal Probate request with a 2018 will have the effect of her having to... View More
answered on Jan 8, 2024
The PR cannot 'just decide' to not share documents. Michigan Probate REQUIRES sharing things like a death certificate, petition to open probate and also any Will covered by probate. Sharing the text of the trust with the named beneficiaries is also 'just good form'.
It... View More
To get our inheritance.
answered on Jan 2, 2024
What he SAYS is actually of no import. HOWEVER, what does matter is his what estate planning documents have put IN WRITING.
I don't actually see a question here, but without reviewing the documents it is impossible to say what you might expect, and when you might expect it. IF your... View More
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