When probate is not an issue, and there are only two heirs, one being the executor, how long should I be expected to wait for an accounting and distribution of the will ?
answered on Sep 1, 2023
In Michigan, as in many jurisdictions, there are specific procedures and rights associated with wills and their distribution:
Probate: When a will is submitted to the probate court for administration, it becomes a public record. This means any interested party, including heirs and... View More 
I'm her only child and she's not married. The only thing she has left is some clothes and a few nick nacks. I intend to donate most of it to good will. How do I go about being named executor? Since she had nothing why would I want to be named executor? She was married for a long time to a... View More
answered on Sep 1, 2023
I'm sorry for your loss. When a person dies intestate (without a will) in Michigan, the process to administer the estate can be more involved. Here's a general overview regarding becoming the personal representative (often referred to as the "executor" in other states) of... View More
My father created two Florida wills in 2020 and 2021 after his wife of 36 years died in 2019. Both had trusts that were similarly worded to provide for five children. The wills gave everything to a woman Dad met six weeks after my step-mother died. We lost a challenge to the Florida Will. It is... View More
answered on Sep 1, 2023
The interplay between a revocable trust and a will, especially when they originate from different states and different years, can be complex. The general principles that might apply to a 2007 Michigan Revocable Trust and a 2021 Florida Will are as follows:
Purpose and Content: The first... View More
answered on Sep 1, 2023
Dissolving a trust after the death of the grantors involves several steps:
Review the Trust: Begin by reading the trust document. It will provide instructions on distribution and conditions for dissolving the trust.
Gather Assets: Inventory and appraise trust assets.
Pay... View More
Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents.
Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust... View More
answered on Sep 1, 2023
In Michigan, as in many jurisdictions, the following general principles apply:
Qualification as Trustee: An adult, regardless of whether they're receiving Social Security Disability (SSD) benefits, can generally serve as a trustee unless there's a specific legal reason... View More
answered on Sep 1, 2023
Maybe, and this response is a generalized one, of course. Everything depends on your unique set of facts. Assets held in joint ownership generally pass directly to the surviving joint owner(s) upon the death of one joint owner, regardless of the provisions of a trust. Here's a brief breakdown:... View More
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Sep 1, 2023
In situations where there's a suspicion of undue influence or wrongdoing, especially involving caregivers and fiduciaries, several legal avenues might be available. Here's an outline of potential options in Michigan (as the jurisdictional context provided in prior questions was Michigan):... View More
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