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Questions Answered by Don L Rosenberg
1 Answer | Asked in Estate Planning for Michigan on
Q: My uncle passed away and my dad is the only immediate relative left. What happens with his property now?

My uncle passed in September. My dad is the only immediate relative since his parents and other sibling have passed previously. We are told we need to go through probate to sign his property over. What are the steps needed to take when only one relative is left? Please help, from Michigan.

Don L Rosenberg
Don L Rosenberg answered on Jan 6, 2021

If the assets/property is in your uncle's individual name the only way to obtain access is through a probate administration. If your uncle has a will then it is a road map for his estate. If not then there is a process. if there is family harmony it is an informal process. I can explain in... Read more »

2 Answers | Asked in Estate Planning for Michigan on
Q: Our mother had a living trust. can we hire an atty or other to settle the trust? Value: just under $1m incl $125k in RE

Atty firm who did the trust will help but not take full responsibility. Banks seem to help only with Acct with them Ideas?

Don L Rosenberg
Don L Rosenberg answered on May 27, 2020

You clearly can hire an attorney to assist you with the trust administration. Just make sure you hire someone with extensive experience in trust administration. We specialize in this area and have clients all over the state and country. The trustee's responsibility is to collect, marshal,... Read more »

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2 Answers | Asked in Probate for Michigan on
Q: What forms to file for informal probate in Michigan.

My mom died recently - intestate. There were 4 children (all still living). Dad died a few years ago. There are a couple of accounts in her name only that the companies are asking for personal representative papers. I am one of the children, and I went and filed PC558, PC557, PC565, PC564, and... Read more »

Don L Rosenberg
Don L Rosenberg answered on Jan 2, 2020

Yes, you need to file a proof of service that everyone was served with your filing requesting the court appoint you as personal representative. If no one objects to you intent to be appointed the court should then issue your letters of authority.

Don L. Rosenberg

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2 Answers | Asked in Estate Planning for Michigan on
Q: My sister died with nothing but debts - do we need to actually go through probate?
Don L Rosenberg
Don L Rosenberg answered on Jun 16, 2017

No. only her estate is liable for her debts. Since no probate is necessary the debts do not get paid. Write a letter to the creditors stating she passed away, owning no assets whatsoever and no estate is necessary, also enclose a copy of her death certificate.

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1 Answer | Asked in Estate Planning and Elder Law for Michigan on
Q: Hi This question is pertaining to my wife's parents and Medicaid


We learned recently that my father-in-law who has dementia was advised by his attorney to place his assets, particularly his vacation home into a irrevocable trust a few years back. He stated to all of his children and grandchildren that this had been done and they wouldn't ever... Read more »

Don L Rosenberg
Don L Rosenberg answered on Jun 4, 2017

Unfortunately a home or cottage in a living trust becomes a countable asset. I am not clear on whether you have already applied for Medicaid and have been denied or asking what can be done. If you applied it sounds like an appeal would be without merit and a waste of time. The proper course is to... Read more »

1 Answer | Asked in Elder Law, Legal Malpractice, Medical Malpractice and Nursing Home Abuse for Michigan on
Q: My mom is in a memory care unit at a nursing home. She fell out of bed on May 4 and I was informed by phone. On May 10

She was admitted to hospital and diagnosed with a separated shoulder 6 days after the fall. Do I have a case?

Don L Rosenberg
Don L Rosenberg answered on May 11, 2017

Depends, was the memory care facility negligent. You clearly need to consult a lawyer to determine if you have a case. Clearly it was wrong not to inform you of the fall. The question is where they negligent which caused or contributed to the fall and/or was did the delay cause more damage to... Read more »

1 Answer | Asked in Estate Planning for Michigan on
Q: My mother died owing money to the home health care company that took care of her - are we responsible for her debts?
Don L Rosenberg
Don L Rosenberg answered on Apr 28, 2017

Unless you signed personally for her debt, you are not responsible. Only her probate estate or living trust is responsible to her creditors.

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