I know dealing with your mother's health challenge especially under a pandemic. If your mother cannot make decisions for herself and there isn't a health care power of attorney, I am afraid you will need to become her guardian in probate court to make her care, custody, day to day, end...Read more »
First my condolences on the loss of your wife. Unfortunately not. However, you can file an application for probate with or without a will. You will be appointed personal representative to manage your wife's affairs. if there are no objections or complications the probate should be...Read more »
The simple answer is to do a lady bird deed. However, it does provide any incapacity planning or asset preservation from a nursing home. Here is a link to an article. Don’t discount the advantage of a living trust. Yes the fee may be close to $2,500 but it also includes health and financial...Read more »
The one stock was split from another stock and my mother did not have time to assign a TOD beneficiary. I have 2 brothers and we have agreed to sell the stock and have the proceeds deposited into my mother's checking account in which we are all equal beneficiaries. What is the easiest way to... Read more »
It is a technical answer. The answer to your question you can avoid Formal probate but you cannot avoid probate court. If there is no family issues whether there is a will or not you can complete an informal probate administration. Since the asset is in your mother's name only the only way...Read more »
If the proceeds of the life insurance is over $5,000 then the law requires a minors money to be managed through the probate court conservator process. You would have to appointed by the probate court as your children's conservator. You will have to account to the court how much you start with...Read more »
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.
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 »
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 »
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 »
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.
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.
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 »
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 »
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 »
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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