I was appointed full Guardian of my mother. I signed a settlement before trial with my sibling (opposing party & lives out of state). Visitation is of subject. The settlement says the following: Social plans for "mom" shall be considered if they conflict with a proposed visit,... View More 
answered on Dec 20, 2023
Although many of us will read the terms and think that the meaning is clear, it is apparent that there may be multiple interpretations of the visitation terms that the court has put in place. In instances like this, particularly where there has been discord among the interested parties, the best... View More
My deceased brother had no spouse, children, or living parents and passed w/o a will. 5 of 6 siblings are trying to start Probate and 1 sibling is refusing to cooperate in this process, and won't sign the document to allow for assignment of PR to my sister. What do we do to start Probate?
answered on Feb 18, 2023
You do not need a unanimous agreement or consensus amongst the heirs to initiate probate. You file the petition with court, and serve all heirs with the copy of the petition and notice of hearing. The sibling that is not cooperative can then file their objections and explain why either probate is... View More
The brother dies, does the original owner get it back? No one has been able to answer my question
answered on Feb 9, 2024
No, the interest does not revert to the grantor. The house passes to the estate of the deceased grantee. Once you quit claim your house away, your interest terminates.
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?
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... View More
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?
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... View More
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;... View More
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.
Michigan law
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... View More
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.
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.
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... View More
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... View More
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... View More
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