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Questions Answered by Trent Harris
1 Answer | Asked in Estate Planning and Real Estate Law for Michigan on
Q: If I die and not married but have minor (under 18) children and my boyfriend (no kids) is on the deed of my house with

Me will the house become his? Or can my next of kin (mother who I have no relationship with) take it from him?

Trent Harris
Trent Harris
answered on Aug 25, 2023

The answer to this question is "it depends." It depends on whether you both own the house as joint tenants with right of survivorship, or whether you own the house as tenants in common. And it also depends on whether you have any estate plan documents such as a will, trust, or lady bird... View More

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: Property acquired through quitclaim deed has transferability restrictions to heirs at law, but the grantor is deceased.

There was a plot of land that my grandfather transferred to me through a quitclaim deed many years ago. Regarding current situations I am looking to sell the property, However, in the quitclaim deed, it says that the transferability only extends to heirs at law. However it also says that it can be... View More

Trent Harris
Trent Harris
answered on Aug 24, 2023

The restrictive language you mentioned in the deed may not be enforceable under Michigan law under Michigan Land Title Standard 9.1. I suggest you contact a title company to obtain a title commitment for the property. The title commitment will tell you what steps you may need to take (if any)... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: Michigan estate attorney has taken over 8 months to finish a deed for inherited property. What can I do.

They sent the quit claim deed I completed my portion was told to have it virtually notarized, did that and returned. Later received returned filing fee check (in law offices name) saying it was denied. Have asked questions to lawyer,and staff first they say it was a new program they needed to add... View More

Trent Harris
Trent Harris
answered on Jul 19, 2023

This sounds like a dispute you have with the attorney about whether the attorney has completed the work you hired the attorney to do. If you are unhappy with your attorney's work, then I would first look to your retainer agreement with the attorney, if you have one. Your retainer agreement... View More

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3 Answers | Asked in Probate for Michigan on
Q: Son dies 40 yrs old divorced 2 minor children, x-wife has custody. Does Father of son begin probate or x wife?

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

Trent Harris
Trent Harris
answered on Jul 13, 2023

The right to make decisions about funeral and burial arrangements falls to the next of kin in a statutory order of priority. Typically, that would be: surviving spouse; surviving children; surviving parents; then surviving siblings, and so on. The right to be personal representative follows the... View More

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2 Answers | Asked in Estate Planning for Michigan on
Q: M y friend and I have lived together over 34 years, never got married to each other but hold all assets jointly.

We each have adult children and grandchildren, we are 68 and 67 years. All assets are joint, however, we would like to create a trust to protect each other and set things up the way we wish. Is this something you or your office can assist us with? Thanks so much, we live in Munith Michigan.

Trent Harris
Trent Harris
answered on Jun 16, 2023

Good morning. The situation you describe is not all that uncommon in the world of estate planning. Estate plans can be made for single people, married people, or unmarried people who are in long-term relationships or who are life partners. My suggestion would be to directly contact (i.e. by phone)... View More

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1 Answer | Asked in Civil Litigation and Estate Planning for Michigan on
Q: Can I get a new trial if the presiding judge in my case publicly said he didn't decide my original case on its merits?
Trent Harris
Trent Harris
answered on Jun 12, 2023

If what you said is true, you could file a motion to set aside the judgment and request a new trial. But it would most likely be within the discretion of the court whether to grant your motion. You would most likely need to identify one or more legal errors that affected the outcome, and facts to... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: How do I obtain a deed for my property?

New house owned 36 years. I do not recall any deed information.

Trent Harris
Trent Harris
answered on May 9, 2023

If your deed was recorded, you can buy a copy from the office of the Register of Deeds for the county where the property was located. If the deed was not recorded, then you may have a problem. You would need to contact the seller if they are alive to get a deed, or possibly the seller's estate... View More

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1 Answer | Asked in Estate Planning, Banking and Real Estate Law for Michigan on
Q: Can I have savings, checking in my name only without affecting mortgage? Husband passed, accounts are with same bank.
Trent Harris
Trent Harris
answered on May 5, 2023

Not sure what you mean by "without affecting mortgage." It's not clear why it would matter to your mortgage whose names are on your bank accounts. In most cases a mortgage lender has no requirements of someone maintaining specific bank accounts while the mortgage is outstanding,... View More

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: As an Executor of wills and estate can i forbid entry to a house until that estate is settled?

This conserns a resident of the house, an inlaw, with sketchy and or shady friends and i do not want things coming up missing before estate disbursment

Trent Harris
Trent Harris
answered on Apr 27, 2023

The short answer is, yes, you have the right to control access to the house as executor of the estate, subject to two caveats:

(1) you don't have authority to do that unless you have letters of authority from the probate court; and

(2) your right to exclude others on on behalf...
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2 Answers | Asked in Probate for Michigan on
Q: Can a court ordered nursing home patient guardian sell there property if there is a beneficiary?

Grandma past away, her husband is in a nursing home. His guardian is selling there property, can they legally do that if there is a beneficiary?

Trent Harris
Trent Harris
answered on Apr 21, 2023

By beneficiary, I'm assuming you mean there is someone named on the deed who is supposed to get the property when husband passes away.

The short answer to your question is yes, a court appointed guardian or conservator could sell the house with approval of the probate court. That...
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1 Answer | Asked in Estate Planning, Collections and Probate for Michigan on
Q: My mother passed in Sept of 2021, in April 2023 a medical bill came for services in June 2020. Do we pay it?

A death notice was posted in the paper and since it was over a year I thought their claim to any estate was over.

Trent Harris
Trent Harris
answered on Apr 18, 2023

It depends what you mean by "death notice" in a paper. If you mean an obituary, that is not enough. On the other hand, if by "death notice was posted in the paper" you mean a notice to creditors was published in the newspaper by a personal representative under MCL 700.3801 or a... View More

2 Answers | Asked in Probate for Michigan on
Q: Mother recently passed. Estate qualifies for small estate administration in Michigan using Assignment of Property.

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

Trent Harris
Trent Harris
answered on Apr 14, 2023

A petition and order for assignment is one of two Michigan small-estate procedures that can be used when a deceased's probate property is less than $27,000. The other is an affidavit for delivery of certain assets to decedent's successor. You would only use these procedures if the... View More

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: I am the remainderman under a lady bird deed. Do I only inherit the house?

Michigan. Items were taken by the police, am I entitled to them or do I have to file a probate claim?

Trent Harris
Trent Harris
answered on Apr 10, 2023

A lady bird deed is only effective to convey real estate. For the other items, they would need to be left to you in a will, or trust, or they would need to be yours under the laws of intestate succession if there is no will or trust. Probate may or may not be necessary depending on the... View More

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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: This is related to an estate sale

We made a verbal agreement (nothing has been signed) with a person to do an estate sale after our father passed away. The workers she had coming in to help unpack boxes, wanted the guns and ammunition removed from the home because it made them nervous. When we asked the estate sale person about the... View More

Trent Harris
Trent Harris
answered on Apr 9, 2023

Since you do not have a written contract, it is unclear what your legal rights actually are. Maybe you should ask this estate sale auctioneer for a written contract, and for the auctioneer to refrain from selling any more items without that. If you want to approve the price of items or reserve... View More

1 Answer | Asked in Tax Law and Probate for Michigan on
Q: I inherited over $170K in U.S.Savings bonds.Which have been redeemed Do I have to pay tax on all the interest as income?

Or do these fall under the step up basis? Like real estate.

Trent Harris
Trent Harris
answered on Mar 29, 2023

Good question. Whether you must pay income tax on your inheritance of US Savings Bonds depends on your individual tax situation, and can't be answered in this forum or given the limited information here. You should consult a CPA or tax attorney for more information. You can also find some... View More

1 Answer | Asked in Probate and Family Law for Michigan on
Q: I need to know what paperwork I need to file to get guardianship of my developmentally challenged 32 yr old daughter.

My daughter has been on SSI sense age 16 and is cognitively impaired . Her mom is her payee because she is incapable of handling her own finance's, she is being manipulated by a boyfriend that she's had for about 4 months now and he wants control of her finances and they are both addicts... View More

Trent Harris
Trent Harris
answered on Mar 27, 2023

If you are the parent of someone who is unable to handle his or her own affairs, you can file a petition for guardianship, and if there are assets that need protection, you can also file a petition for conservatorship. A guardian and conservator is someone who is appointed by the court to be... View More

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: My sister died intestate. Can your lawyer represent her destitute son to settle her estate?

He is not mentally able to handle her estate, nor is his brother (who is also homeless).

Trent Harris
Trent Harris
answered on Mar 15, 2023

Yes, a lawyer can represent a person with diminished mental capacity, if the person consents. Under the rules of ethics a lawyer should take whatever steps are necessary to allow a person with diminished capacity to participate in the representation as much as they are capable of doing.

A...
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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: Must a simple trust be closed within 2 years of the grantor's death? I saw a question about this on the IRS form 1041.

My late parents made me trustee and requested (in writing) that my siblings and I hold onto their farmland for 5 years before selling. But I saw a question on the IRS 1041 this year asking whether the trust has been in existence for 2 years or longer (and to justify why). Is there a federal or... View More

Trent Harris
Trent Harris
answered on Mar 9, 2023

No, a simple trust does not have to be closed within 2 years of the grantor's death. But it appears you may have misread the question on IRS Form 1041. On 2022 IRS Form 1041 page 3, at question 8, it asks "If the decedent’s estate has been open for more than 2 years, attach an... View More

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1 Answer | Asked in Probate for Michigan on
Q: What happens in a probate case in which I’m considered an interested person?

I’m considered a person of interest in a probate case and a relative has been asking a mutual family friend to help get me to sign papers for my deceased grandparents property. I’m not interested in this property at all, however I refuse to speak to nor cooperate with this relative simply... View More

Trent Harris
Trent Harris
answered on Feb 17, 2023

An "interested person" under Michigan law is someone who is entitled to notice in a probate case for due process reasons. Interested persons are notified of the proceedings so they can participate in the process if they want to.

From your question it sounds like you don't...
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1 Answer | Asked in Probate for Michigan on
Q: My mother passed away last week with no will. She was not married and I have 2 younger sisters. How do I become executor

My mother died last week and lived in an apartment above her married boyfriends garage. He claims she had previously given him authority over everything in the event of her death and that he couldn't find the paper. He has thus far managed to make all the arrangements, have her body moved to... View More

Trent Harris
Trent Harris
answered on Jan 16, 2023

First, I'm sorry for your loss. You may or may not need to become executor of your mother's estate. In Michigan, the executor is called the personal representative of the estate. You may wish to seek appointment as personal representative of the estate if your mother had assets which... View More

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