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

I agree with Mr. Zichi. In the situation you describe you may be able to go to the Secretary of State and use Form TR-29, Certification from Heir to a Vehicle. But it would be wise to do a brief consult with a local probate attorney just to be sure you aren't missing anything.

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... View More

I agree with Mr. Zichi, who has provided you good common sense advice. Please reach out to an attorney for help - this is not a do it yourself task.

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

It sounds like you are on the right track, based on what information you provided in your question. The decision whether probate is necessary usually hinges on whether there are any assets which require probate administration. Opening a probate estate is sometimes done even if there are not assets,... View More

Certain people have the right to participate in probate court proceedings for a decedent estate. These people are called "interested persons" as defined by Michigan law. For example, a deceased person's spouse is an interested person. If the deceased person had any surviving... View More

First, you have your own lawyer - why not ask him or her this question?

Second, your personal liability to the attorney for attorney fees is a matter of contract. It depends on whether you and the brother signed a retainer agreement with the attorney agreeing to pay the attorney's... View More

Bank accounts that have a payable on death beneficiary designation on them pass outside of probate. That means if your father-in-law named someone as a beneficiary to his bank account, the money belongs to that person, and that person alone, upon your father-in-law's death. That person (she?)... View More

Your brother and sister have no obligation to share your mother's power of attorney or your mother's trust with you in a strict legal sense. If your mother is living, then it is likely the trust is revocable and she is the only present beneficiary of the trust, and no one else is entitled... View More

Respectfully, I disagree with my colleague's answer above. The trustee of a trust has a duty to publish notice to creditors after death of the grantor. See MCL 700.7608.

700.7608 Duty of trustee to give notice.

Sec. 7608.

If there is no personal representative of the... View More

Most likely yes. You have a duty to act in the best interests of the estate and heirs and devisees. You also have a duty to provide reasonable information about the estate and estate property to the heirs and devisees of the estate, especially information pertaining to the financial condition of... View More

Based on the information given in your question, it sounds as if the deed to mom and daughter conveyed the property to them as tenants in common. If this is the case, then some type of Michigan probate procedure will need to be used to transfer mom's interest. Your best bet is to contact a... View More

It's unclear from the question whether your brother was a remainderman on a lady bird deed (he only became owner when your mother passed) or whether your brother was a joint tenant with your mother, who had right of survivorship. Either way, if your brother survived your mother, the house... View More

The directions given to you by the drafting attorney are correct. When an attorney drafts estate plan documents for a client, the attorney owes the client the duty of confidentiality, even after death. After a client's death, the only person who can waive confidentiality for the client is the... View More

The answer to this question is: maybe. There are two different issues. The first is the encroachment onto the neighbor's property. The second is the basement work done without proper permits.

As to the first (encroachment issue), the seller would not be liable to you for that unless... View More

There are a number of places where you can get inventory values for the things you need.

For valuation of real estate, an appraisal is acceptable but may not be required. Local practice may vary, and other sources of valuation for real estate may also be accepted, such as a Comparative... View More

By "a wife's rights to everything", I'm assuming you mean the surviving spouse's right to a share of an intestate estate. Generally speaking, if the husband dies leaving a probate estate and leaves a surviving spouse, the surviving spouse is entitled to the first $240,000... View More

This is a question that depends on South Carolina law. A Michigan probate court does not have jurisdiction to decide matters regarding real estate located outside the State of Michigan. Other states could have a statute though that allows South Carolina to recognize ancillary probate proceedings... View More

No, that is not illegal.