I don't know that there is a good 'short' layman's explanation, but the closest I can come to is that if you have a judgment against you, a judgment creditor cannot execute against a piece of property that has a mortgage against it.

In other words, you can't avoid... View More

Are you asking if you need to have separate PoAs to name your parents as your agents?

No.

Are you asking if you can create a document to allow you to act for one or both parents?

The answer provided is correct: you can’t do that.

If you have questions or you... View More

If the deed was 'mom for life and remainder interest to son' and son lived longer than mom, then the deed WAS in son's name at the time mom passed. The fact no death certificate or new deed was recorded is not relevant for the analysis here (although that should have been done it... View More

Mr Harris is correct, but there is one additional duty -- the drafting attorney IF AND ONLY IF he holds the original will -- needs to release that original will to the Court with jurisdiction in a Probate estate. There is no duty to 'third party' persons such as the named beneficiaries.... View More

The answer is 'maybe, and then again, maybe not.'

What are the agreed upon delivery terms? Was there to be a 'firm' delivery date? What happens under the terms of your agreement should one party not fulfill the obligations in the agreement?

Without reading the... View More

You point out yet another reason HOAs are a thing to be avoided.

And while you can 'sue' the chances of success depend a lot on how the by-laws are written, what 'administrative remedies' are needed before a suit can be maintained, and what exactly you're looking... View More

What exactly is your question?

I can’t imagine a storage company ‘siding with’ anyone. Had you paid your storage bill? The scenario is unclear.

If you didn’t pay your bill they COUKD have auctioned off you’d stuff for back rent and Re rented the unit to someone else who... View More

It all depends on what you didn’t do.

Your BEST option will be to hire a local probate attorney to help you complete everything. That attorney can look at all the facts and help you understand and ideally also ‘fix’ the problems.

What exactly are you concerned about?

Is the shelter on YOUR property?

Unless it is a ‘hazard’, nothing will ‘happen’. It is as if you ‘discovered’ an additional room.

If it encroaches on a neighbor property there might be an issue.

If you have... View More

While it is true that every trust is unique and needs to be reviewed before definitive answers can be given, some things are 'a given'.

1) you should review your estate plan and trust regularly whether or not someone has died, but when there is a death it is CRITICAL to review... View More

Mineral rights owned by someone other than the surface owner are rights said to be ‘severed.’

There is no 'special' way to do this other than with an appropriate deed, but the process is complex. That said, you do NOT need to do that before you 'sell' the land. The... View More

If he made enough money to need to file taxes in those first few months, OR if you anticipate there will be a refund of withheld taxes then the personal representative is responsible for filing whatever tax returns are necessary to finish his affairs.

If neither of those applies, then... View More

Something sounds fishy here. Land contracts don't typically 'expire' -- they mature at some point and you get a deed when the payments are all made.

I STRONGLY urge you to consult with a licensed local attorney familiar with real estate law! SOMETHING doesn't ring true... View More

You don't 'enter' a land contract 'into a will'.

And a codicil is usually the 'worst of all possible worlds' to avoid a will challenge.

And finally, preparing a legal document for someone else potentially constitutes the practice of law which, if... View More

I concur your best results will be with a local real estate attorney in your corner.

But be prepared to provide that lawyer with facts like a copy of the judgment, who 'they' are and why YOU can't just install the culvert and charge them the cost (I assume because they did... View More

Do these items have significant value or will they be an issue in how the estate is divided?

At most ‘misc. personal/household goods’ is probably fine but … there are probably lots of other pitfalls that you’re not considering.

I’d strongly recommend you consult with a... View More

50/50 Tenants in common or 50/50 Joint tenants with rights of survivorship? Based on the facts you provide it is impossible to answer your question.

The distinction matters, and the 'magic language' is not something that people other than lawyers ever really think about! Get thee... View More

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... View 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... View 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... View More