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Questions Answered by Brooke Lauren Archie
2 Answers | Asked in Probate for Michigan on
Q: No will. My mother is deceased. She has been remarried for 9 years. She had a home in Michigan for 22 years

The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive the home according to probate in Michigan. Trying to sell currently over 100,000. Can her spouse sign a quit claim deed to a certain person?

Brooke Lauren Archie
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Brooke Lauren Archie
answered on Sep 27, 2022

According to Michigan’s rules of intestate succession (when someone dies without a will), as of 2021, the surviving spouse inherits the first $243,000 plus 3/4th of the value of the remaining assets. In short, assuming the market value of the house is $243,000 or less, the house solely belongs to... Read more »

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2 Answers | Asked in Probate and Family Law for Michigan on
Q: How do I stop a legal guardianship on an adult?

My brother was in a terrible motorcycle accident and is currently on a ventilator. He has never been married and has no children and lives byhimself. My sister is trying to get legal guardianship without the consent of myself and my other brother. How can I handle this?

Brooke Lauren Archie
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Brooke Lauren Archie
answered on Sep 27, 2022

Hi. It looks like you’re in Virginia so the law may differ from Michigan’s where I practice. However, generally, consent is not required from all interested parties. Yet, as an interested party, you do have the legal right to object to your sister’s appointment as guardian if you believe she... Read more »

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3 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Is a Notice to Creditors required for a person who dies who has ONLY a Trust and no will on file at probate court?

My mother is 97yo. She has no property that she owns and no car. She is in hospice and close to death. Her assets include only 3 POD CDs, a checking account (current values < $50,000 for monthly recurring bills; one credit card with a balance of < $100; a Savings account of just over $1,000;... Read more »

Brooke Lauren Archie
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Brooke Lauren Archie
answered on Sep 22, 2022

Short answer is no. If she has no assets to be probated , and no will to be admitted, there’s no need to open an probate estate in the court. Absent opening an estate in probate court, there’s no legal requirement to publish notice to creditors as they can only file claims against probate assets.

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1 Answer | Asked in Probate for Michigan on
Q: Looking for attorneys legal responsibility after writing WILL and person is deceased. Will and death both in same week

Michigan law

Brooke Lauren Archie
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Brooke Lauren Archie
answered on Aug 25, 2022

If I’m understanding your question, you would like to know what responsibility the attorney who drafted the will has after the death of the testator. Generally, the answer is none. The proximity of death to the execution of the will may or may not be relevant, but it is not absolute. The drafting... Read more »

2 Answers | Asked in Probate for Michigan on
Q: My mom died last April. In her will she named me personal representative. I recently received a check from Bank of

America for a refund of some kind. I know she'll have a small tax refund when I file her last return. What form(s) do I need to file with the courts to be able to cash these? I do not have any bank accounts with her name on them. Thanks.

Brooke Lauren Archie
PREMIUM
Brooke Lauren Archie
answered on Feb 10, 2022

You will need to file an Application for Probate along with the Will nominating you as Personal Representative. The Will must first be admitted and you must be appointed and receive Letters of Authority before you are authorized to transact any business on behalf of your mother's estate.

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1 Answer | Asked in Probate for Michigan on
Q: Do the PR need to Petition the court for approval to Transfer the Property to self before Recording the PR Deed to self?

Only 2 heirs, one is the Personal Representative, with an agreement between heirs that the PR Heir will take over the Property, the other heir simply do not want any interest in it. The other Heir is not requesting any payment for relinquishing interest. The property has no Mortgage & a SEV... Read more »

Brooke Lauren Archie
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Brooke Lauren Archie
answered on Feb 7, 2022

It depends on the restrictions included on the Personal Representative's Letter of Authority. If it contains a restriction against conveying, selling, transferring property which is standard in Wayne County Probate Court, then prior court approval is required before the PR can execute a... Read more »

1 Answer | Asked in Probate for Michigan on
Q: I need help with Wayne County probate Court my mother passed away my childhood home want to put into my name
Brooke Lauren Archie
PREMIUM
Brooke Lauren Archie
answered on Nov 1, 2021

Provided there or no other heirs or outstanding creditors (related to unpaid debts that your mother had), you can file an Application for Probate. Upon appointment as the Personal Representative of her estate, you may execute a Fiduciary Deed conveying the property to yourself. If there are other... Read more »

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