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I am 1 of 3 remainders on a ladybird deed in michigan. My grandmother ( the grantor ) passed away in 2016. I currently live in the house along with 1 of the other remainderman. My fiance and I are currently in the market for our own home. Once I move, I no longer want any type of responsibility to... View More 
answered on Jun 10, 2024
You transfer your property interest to someone else, usually one or all of the other co-tenants since they are the ones who will get the most value from that. HOW you do that depends on what you would like to get out of the deal. The best response is to contact a local lawyer to discuss your... View More
Claim by my grandmother who has since passed. He’s is ill and I’m trying to figure out how I can sell the home without paying taxes on it since she paid $45000. 50 years ago but has since refinanced and owes $120000. The selling price would be between $300000 and $350000. Im located in Michigan... View More
answered on May 30, 2024
There will be an ‘offset’ for ant mortgage, but if you’re asking about the capital gains the answer is ‘welcome to the downside of quit claim deeds. You have acquired the basis for tax purposes of the original owner and will need to pay capital gains.
Absent some other facts you... View More
My dad died before I was 1, he wasn't married to my mom, he was a military vet (Master Sergeant) who served from 1941-1967 and died in 1977, I wasn't mentioned in his probate papers,bi was taken from my mom rt after and raised in foster care, I'm his only living relative and I want... View More
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answered on May 1, 2024
I'm sorry to hear about your situation. Navigating probate, estate matters, and military records can be complex, especially given the circumstances you described. Here are a few steps you can take to gather more information and seek assistance:
1. Military records: To obtain your... View More
Our dad passed away 11 years ago and my mom 1 year ago. Right now the property is in an estate and my sister wants it and started building on it already. And shouldn't she buy the other siblings out?
answered on Apr 24, 2024
It will depend on what the Letter of Authority provides- whether the property can be sold or mortgaged during a time that the estate action is open, will be determined by the Court. Additionally, it will depend on whether the decedent died intestate or not - but it is not uncommon that one or more... View More
He is sole owner and one of LLCs is 3-4 million gross/year. Me and one son are employees of that LLC.
answered on Apr 2, 2024
The LLC membership interests will be part of your husband's intestate probate estate. Consequently, state law will determine the ultimate beneficiaries.
Both of you should endeavor to get operating agreements done for the LLCs and you should both get wills and, at least, a revocable... View More
My father is 84 years old in the early stages of demensia/Alzheimers. He has a girlfriend (58 yrs old) who has lived with him for approximately 6 years. If my father goes into a nursing home or passes what rights will she have, if any? To my knowledge, he has a will that my mother and him put... View More
answered on Mar 27, 2024
There is no such thing as common law marriage in MIchigan. There are no rights obtained from co-habitation. You appear to be on the right path but I would suggest that you also have a complete estate plan prepared for him including a trust while he is still competent enough to know what he is... View More
I have been living with my partner 3.5 years, supporting him and the home most of it. He and his ex gf own the home. In that time his son has only been here a handful of times, his daughter none, as she wants nothing to do with him. Until 2 days after his hospitalization, in which I was served with... View More
answered on Mar 1, 2024
You are in a very tough spot. The ex-girlfriend is a co-owner of the house and so she can evict you. I did not see you indicate that you are legally married to your partner. If that's the case, and in the absence of legal documents to the contrary signed by your partner, you have a tough... View More
I have 4 other siblings but my father has disinherited them.
answered on Feb 20, 2024
Yes, your father can disinherit your siblings. Be advised that your siblings may contest this in Probate Court by claiming that he was unduly influenced to do so, or that he was not of sound mind when he made that decision. These types of probate challenges can be expensive and emotionally damaging... View More
The brother dies, does the original owner get it back? No one has been able to answer my question
answered on Feb 19, 2024
A deed is essentially a contract that conveys real estate. Once the deed is signed over to another party (the grantee) the grantor (the person deeding the property) has no further interest in the property. There are exceptions to conveying real estate by deed, and when it comes to probate or... View More
I recently was notified that i was the beneficiary of a trust from my grandfather after he passed. I was sent only two pages of the trust document that applied to only me specifically. Do I have legal rights to see the entire trust document as it pertains to all parties?
answered on Feb 2, 2024
Under Michigan law, the trustees must provide you with the portions of the trust that relate to your rights to distributions, etc. There is nothing in the statutes to compel them to provide you with the entire trust document.
As a practical matter, however, many of the probate judges do... View More
The mother is a drug addict and she would blow anything she got on herself.
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answered on Jan 22, 2024
In general, child support can reach anything your son is entitled to. If I understand what you're trying to accomplish, what you need is to set up some sort of trust where your sister has discretion as to when and how much she gives your son. You'll need a good estate planning lawyer to... View More
Spouse had revocable trust and the other (excluded) spouse was not on the purchased property deed.
Along this same line, can the trust assign a beneficiary, other than spouse, on large purchase items purchased after they were married?
answered on Jan 17, 2024
Spouses have the ability to eject ‘against a will’ and challenge being omitted from an estate plan absent a valid pre-nuptial or post-nuptial agreement.
This CAN be done, but it is complex and fraught with danger and may not work 100% of the time.
A local licensed estate... View More
I'd like to clear my daughters debt to me and not go to small claims court, and in return she will receive no inheritance when myself and wife pass. Can this be done legally ..
answered on Jan 17, 2024
Yes, and you could simply cut your daughter out of your Will without ‘hooking’ it to the debt, but to try to do anything like this without an attorney explaining the pros and cons for YOUR situation and drafting documents to accomplish the goal is playing with fire. For example, if you ‘write... View More
answered on Jan 10, 2024
You will need to do that at the secretary of state's office, and they will need to see some sort of 'proof of trust existence and authority' for whoever actually signs the title. The Trustee (person who generally has the authority to act for the trust) should be able to provide that,... View More
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answered on Jan 4, 2024
Adding your son as a beneficiary to your home involves updating the property's deed to reflect joint tenancy with rights of survivorship or using a transfer-on-death (TOD) deed. To establish joint tenancy, you'll need to file a new deed that includes both spouses' names and specifies... View More
To get our inheritance.
answered on Jan 2, 2024
What he SAYS is actually of no import. HOWEVER, what does matter is his what estate planning documents have put IN WRITING.
I don't actually see a question here, but without reviewing the documents it is impossible to say what you might expect, and when you might expect it. IF your... View More
My stepmom said we are to our father's passing is $800000 now. She hasn't reached out to us in a timely matter. Should we get an attorney and also, what would he die without a welcome? What do you think the money's ad was a hole held
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answered on Dec 31, 2023
In your situation, where there is a significant inheritance involved and some uncertainty about the distribution of assets after your father's passing, it's advisable to consult with an attorney. Legal guidance is especially important if the estate distribution seems unclear or if you... View More
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answered on Dec 20, 2023
To find out the lawyer overseeing your father's will in Michigan, start by checking the will for any mentioned contact information. Reach out to the executor, if appointed, as they likely have details about the lawyer. Contact the probate court in the county where your father lived at the time... View More
The office is closed and no known associates.
answered on Dec 18, 2023
The state bar of michigan has begun a program where solo practitioners need to name a ‘successor agent’ for cases like this.
Try contacting them and fingers crossed he’s named such an agent. …
Spouses were living separately. Can the wife have her deceased spouse's mail forwarded to her home?
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answered on Dec 31, 2023
In Michigan, as in most states, the process of handling a deceased person's mail is governed by specific legal and postal regulations. As a spouse, you have certain rights, but these need to be navigated carefully, especially if you were living separately at the time of your spouse's... View More
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