Lansing, MI asked in Estate Planning for Michigan

Q: My sister died with nothing but debts - do we need to actually go through probate?

Related Topics:
2 Lawyer Answers
Don L Rosenberg
Don L Rosenberg
Answered
  • Estate Planning Lawyer
  • Troy, MI
  • Licensed in Michigan

A: 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.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Howell, MI
  • Licensed in Michigan

A: I agree, but unless the creditors are hounding YOU you should realize you don't even need to bother notifying them -- IF indeed there are no assets to probate. If you have questions, you should seek counsel with a local probate attorney. Most of us offer free or low cost consultations and you can get most if not all of your questions answered for a very low (or no) fee. Don't be afraid to make a few calls and set up an appointment with a local attorney!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.