Your sister is right to be concerned, creating a need for a conservatorship to be established. While everyone sounds to be in good terms now, you all could elect to do that now to save the hassle of having to do it in the midst of a crisis.

You should probably consider filing an injunction to prevent the administrator from dissipating assets. If necessary to prevent irreparable harm, injury, or damage, you could file an emergency petition to get into court more quickly. It is likely in your best interest to hire your own legal counsel... View More

No -- dower was abolished in April 2017 so with the limited exception of widows whose spouse died before then, there is no dower.

BUT there are other 'rights' surviving spouses (of both genders) retain such as electing against a will or inheriting something through intestate... View More

IF (and only if) the 'pension' has a death benefit -- maybe.

Is the mother a named beneficiary of the pension 'death benefit'? Then she's entitled to directly receive a portion per the rules of the pension.

If the TRUST is the named beneficiary, then the... View More

First question to ascertain is whether there even needs to be a probate estate opened. Many people die with wills but otherwise have all their assets either owned jointly or with beneficiary designations that control the distribution of assets over anything in the will.

A common example... View More

The answer to this question is "it depends." It depends on whether you both own the house as joint tenants with right of survivorship, or whether you own the house as tenants in common. And it also depends on whether you have any estate plan documents such as a will, trust, or lady bird... View More

The restrictive language you mentioned in the deed may not be enforceable under Michigan law under Michigan Land Title Standard 9.1. I suggest you contact a title company to obtain a title commitment for the property. The title commitment will tell you what steps you may need to take (if any)... View More

You say she didn't have anything but then add she has a 10,000 (plus judgment interest?) debt owed to her. Therefore she DOES have something to probate: her interest in that judgment.

The question becomes is it worth it to begin probate for the POSSIBILITY of recovering 10k? The... View More

I’m sorry to hear of your loss.

The question you ask Hans no clear answer but the analysis starts with a smoke question: Was there anything IN the trust? If the valid will was NOT a ‘pour-over Will’ and there was nothing in the trust then the trust is of no consequence.... View More

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answered on Aug 18, 2023

Depending on the circumstances, there might be specific grounds for dissolution outlined in the trust document, or it may require the agreement of all beneficiaries. If all beneficiaries are in agreement, the process can be more straightforward. However, if the trust document does not provide for... View More

The brother isn't 'disqualified' from being a trustee because of his status on Social Security Disability for a physical condition, but some federal benefits (specifically SSI which it sounds like may not be involved here, but I'd want to be extra sure!) may be impacted by his... View More

First, congratulations that you have taken the time and made the investment to create a trust! The vast majority of Americans do not have any estate planning documents in place.

Assets that are jointly held, like your bank account and real estate, do NOT need to "go through" the... View More

No. You would need to petition the probate court for guardian and conservatorship. If this caretaking has proper documentation in the form of a POA, you face a significant uphill battle.

You say you are banned from seeing your mother; By whom? And why? Depending on your answers, you're... View More

This sounds like a dispute you have with the attorney about whether the attorney has completed the work you hired the attorney to do. If you are unhappy with your attorney's work, then I would first look to your retainer agreement with the attorney, if you have one. Your retainer agreement... View More

You may need to transfer title through the Secretary of State. There is a form for this when the transfer is to an heir such as yourself and no probate proceedings.

As crazy as it sounds, to the bank, you are just a stranger until your name is on the title. And just like I couldn't... View More

Your question is not exactly clear, and it would benefit you greatly to contact a local probate attorney to review your whole situation to provide real advice.

Generally speaking, the debt is due when the debt is due and absent an agreement with the creditor to change that, you cannot... View More

Frankly there is not enough information to give you an answer. Are you on the deed with him at all? How does your husband and friends read - tenants in common or joint with rights of survivorship. If can email the wording of the deed or send me a copy I can provide a better answer.... View More

Good morning. The situation you describe is not all that uncommon in the world of estate planning. Estate plans can be made for single people, married people, or unmarried people who are in long-term relationships or who are life partners. My suggestion would be to directly contact (i.e. by phone)... View More

If what you said is true, you could file a motion to set aside the judgment and request a new trial. But it would most likely be within the discretion of the court whether to grant your motion. You would most likely need to identify one or more legal errors that affected the outcome, and facts to... View More

Because your mother has not been named on the deed, she still may have rights under a will to take the property, or she still may have the opportunity to take the property pursuant to filing a probate action since your father passed intestate. A real estate or probate attorney will still need to... View More