Get free answers to your Elder Law legal questions from lawyers in your area.
The decedent lived in Wayne County, MI. The Stock is worth approximately $2,500. He never updated beneficiary forms and the stock company needs to see that the widow is named the personal representative or see a small estate affidavit in order to transfer the ownership of the stock to her. Before... View More 
answered on Jun 4, 2019
#1: It shouldn't be necessary to open a full-fledged probate estate. First, widow could try using SCAO form pc598, Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent (see MCL 700.3983). That might work if stock company will accept it. Or, if stock company... View More
Daughter shows up after 11 yrs, sells home, was POA, and puts me in a HOME! House appraised at $55.000 but conntract states $30,000. Other $25,000 got as unreported CASH which I never saw ANY of money. And didn't need put in a home! Finally moved me to a home in MI . I want back to Kersey and... View More
answered on Jun 19, 2019
You need to seek out local legal help not the TV news.
Acting under a Po A involves honoring the 'fiduciary duty' to act in the principal's best interest. It sounds like that may not have been what happened here, but without exploring facts that would not be appropriate in a... View More
I live in Honolulu, Hawaii but my father was living in Detroit Michigan (Wayne County). I need an attorney located in Michigan.
answered on May 6, 2019
You're talking about a subject that can be criminal or civil. For criminal charges, you'd need to present the facts to the prosecutor's office (typically done through the filing of a police report); the prosecutor decides whether to pursue charges - you cannot compel them to... View More
My father died without a will. Most of his assets are solely in his name. The house, vehicles, property, etc. She plans to continue living in the home. If and when she decides to sell the home or if she dies- do her children inherit everything?
answered on Feb 18, 2019
Under Michigan law in the situation you describe the surviving spouse gets the first $100,000, plus 1/2 of the rest of your father’s estate. The remaining 1/2 goes to children of the decedent.
If and when the stepmom dies, her share of your father’s estate would go to whoever she... View More
My dad left his home to three heirs and a devisee (I'm a heir/personal representative of the estate). One heir and the devisee got into a fight and the police had to be called. The police had the devisee leave the home. The next day, the devisee and her mother returned to the home and broke... View More
answered on Sep 18, 2018
The detail is not relevant to the question, and no, because there was an altercation you can't change the terms of the will. You MAY be able to make a claim against the heir, and attach a portion of the inheritance to pay for that claim, but you need to do that properly and the BEST way to... View More
My dad left his home to three heirs and a devisee (I'm a heir/personal representative of the estate). One heir and the devisee got into a fight and the police had to be called. The heir was asked if she wanted them to take her to jail, but she said no, just have her leave the home. The next... View More
answered on Aug 30, 2018
No, a devisee can’t be removed from the Will due to a physical altercation with an heir and vandalizing the home. But the estate could have a claim against the devisee for the damage done, which could be used to offset money the devisee would otherwise receive from the estate.
As always,... View More
Prosecuting Attorney didn't want to tie up the court system with the case. The abused was never questioned by PA. PA believed everything this woman and her lawyer that she hired said. I am looking to have the case reopened to get the full truth out.
answered on Aug 7, 2018
It sounds like there is no case to re-open. Prosecutors charge crimes, and it is up to them whether they will do so. Having been involved with similar cases, I can tell you that from a prosecutor's perspective, they can be more difficult to prosecutor than meets the eye. What you may find to... View More
When my late father wrote his will, my sister was not living with him. However, she moved in during the last five months of his life and is now occupying the home (Michigan). We'd (me and my other sister who both live in different states from our sister/Dad) would like to sell the house and... View More
answered on May 9, 2018
What does the will say about the disposition of the house? Is it supposed to be sold under the terms of the will? Has the nominated PR been appointed by the local Probate Court? Has there even been a petition/application for probate?
You need to consult with a probate attorney in the... View More
In the case I'm referring to, my brother in law's mother died in a nursing home. She had no insurance or money or property. She had a will but no property. Who is responsible for funeral expenses? My brother-in-law has 3 siblings. We're in Michigan
answered on Jan 22, 2018
The easy answer is the person who signed the paperwork at the funeral home. If his family is kind, they will equally share in the cost but they are not required. If no one makes provisions at a funeral home and does not claim the body, the county will make arrangements for a cremation and keep... View More
I have given written permission for everything so far. Now he is on life support with brain damage and five organs shut down. His siblings want him on a ventilator forever yet they haven’t been around ever. I am 26 and haven’t met most of them.
answered on Oct 16, 2017
Written permission must be legally sufficient. Otherwise, you may need to obtain guardianship of your father, which involves a probate court process.
I was just served with the papers on September 1st she file for guardianship on August 11th the court date is September 18th at 10:30 at in Detroit Michigan what can I do
answered on Feb 2, 2018
A spouse would normally have first priority as a guardian, but that is only a starting point. If she is not the best person to serve as guardian, you can object in court and ask for a different person to be appointed. The fact that he had Alzheimer's before the marriage is not relevant... View More
My brothers 2 adult children and 1 teenage granddaughter live in his home, where they were raised. He has afib, other health problems. He fell, the daughter, then later while he was still on floor granddaughter walked by, both ignored his plea for help. He had fallen and then again while trying to... View More
answered on Sep 5, 2017
The legal issues are whether your brother is a vulnerable adult and if the two adult children are caregivers. To oversimplify this: no one is legally obligated to render or call for aid on behalf of another adult. Walking by someone laying on the ground- a relative, at that - is morally repugnant,... View More
answered on Aug 30, 2017
Potentially. There might be some undue influence going on, or even vulnerable adult abuse. Undue influence is a civil remedy that could possibly result in a court ordering that the deed be turned back over to your brother. Vulnerable adult abuse is a crime, which will require investigation by Adult... View More
She also is in the progress of being evicted from her home she has no gas or electricity cuz she did not pay the bills this is a very time thing
answered on Aug 2, 2017
You could petition the Probate Court for guardianship and your appointment as your mother's conservator. Consult a probate attorney.
My parents live 9 hrs away I live in Michigan they live in Michigan also I have 3 sisters only 1 will talk to them none of us have money and none of us want them to live with us I do not want either my mom or dad living with me nor do I feel I should be responsible for paying for a nursing home or... View More
answered on Feb 2, 2018
You have no legal obligation to pay debts of your parents unless you sign an agreement to do so. In the situation you describe, I do not feel you could be legally compelled to contribute to any of their debts.
My brother changed lawyers from who my mom saw when she signed a trust. He refuses to let my mothers original lawyer talk to my lawyer. I know there is something being left out but I am being told it can't be enforced because it is not going thru probate? What can I do? I keep telling my... View More
answered on Jul 4, 2017
This is a VERY fact specific question, that can only be answered by referring to all the documents: trusts, deeds and anything else that may apply! You cannot get an answer here, but only from an attorney who actually reviews all the documents.
One of the biggest advantages of trusts is... View More
He left notes all over. How she stole everything he had. That she had him sign things when he was under sedation in the hospital. That she took advantage of his illness. When she filed for PR my brother protested because she didn't name his kids, when she did she never named me. She went... View More
answered on Jun 16, 2017
Was the will done before or after their divorce? WERE they actually divorced?
Too many unknowns to provide much real guidance here, but you SHOULD seek a local attorney to review the paperwork and discuss the situation with you. Bring both the divorce judgement and the purported will and... View More
Hi,
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... View More
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... View More
She was admitted to hospital and diagnosed with a separated shoulder 6 days after the fall. Do I have a case?
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... View More
Mom's will leaves her 2 mobile homes and property to myself and my two sisters.
However the clause "residue" states the remainder goes to her six grandchildren.
Was told by two lawyers that residue just includes vehicles, cash, stocks, bonds, bank accounts, etc. ,... View More
answered on Apr 4, 2017
Without seeing the documents it is impossible to know for sure, however, I think I understand your situation.
The "residue" is what is left after all expenses and specific bequests are distributed. If you have been given a 'specific' bequest (which it sounds like you... View More
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.
