Lawyers, Answer Questions  & Get Points Log In
Michigan Probate Questions & Answers
1 Answer | Asked in Probate for Michigan on
Q: Which type of Deed(s), affidavit/waivers will be needed to convey & allow 1 heir to sign over their interest?

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their interest/portion of the property

Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

There should be a written agreement between the heirs that one takes the house. Then the PR executes a deed of personal representative to that person. Because you are dealing with real property, you should do this under direction of an attorney.

1 Answer | Asked in Probate for Michigan on
Q: Which type of Deed(s), affidavit(s) /waiver(s) is needed to convey & allow 1 heir to transfer/relinquish their interest?

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property.

Kenneth V Zichi
Kenneth V Zichi answered on Jan 21, 2022

We really cannot give specific legal advice in a forum like this. There are too many possible variables to provide a 'definitive' answer.

You need to consult with a local real estate / probate attorney to insure things are handled properly. Don't be 'penny wise and...
Read more »

1 Answer | Asked in Probate for Michigan on
Q: How do the heir that’s the Personal Representative convey in this situation?

Mother died Intestate

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property. Which type of Deed(s), affidavit or waivers will be needed to convey &... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jan 20, 2022

You transfer it in the same way the personal representative would transfer any other property. With a proper deed and property transfer affidavit(s). But if the transfer is different than what the will/laws of intestacy calls for by agreement of the parties, there also needs to be appropriate... Read more »

1 Answer | Asked in Probate for Michigan on
Q: My husband recently passed away and our manufactured home is in both our names will I have to sell it?

My husband only really owned (other than personal effects) a non running car and his half of the manufactured home. He owed 2 loans when he passed one for 1000 and one for 4000. He lived in St. Clair County Michigan with no will. Will I have to sell the home or his half to settle his debts? The... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 18, 2022

Not necessarily. Are the loans liens on the home? Did you also sign for those loans?

1 Answer | Asked in Probate for Michigan on
Q: What paperwork in wayne county, m do I need to file to be an interested party in a probate case of someone still living
Brent T. Geers
Brent T. Geers answered on Jan 9, 2022

Is this a guardianship or conservatorship? A probate estate would not be opened until someone dies. In all cases, there is no "paperwork" you can file to become an interested person. You either are an interested person or not, and that is determined by statute and court rule. Generally,... Read more »

1 Answer | Asked in Civil Rights, Elder Law and Probate for Michigan on
Q: What do I need to file in order to be added as an interested person? Person is still living. More details included.

A man who was like a father to me growing up is now under probate court. His cousins have guardianship and conservator. They said now is not a good time. I've gone to his old residence a few times and they're refusing to tell me where he is now living. What I've gathered is an... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 31, 2021

You're in a tough spot. If his family is unwilling to tell you where he is, you could try going to the probate court to look at the record. But even with that, his family could legally tell the facility not to let you see him. Whether they would do that or not, we can't tell.... Read more »

2 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Probate for Michigan on
Q: Is there a way to find out if a guardian of a deceased legally incapacitated adult took out a life insurance policy?

I already asked the funeral home for documentation. I was not notified of my child's death and do not know what actually happened.

Brent T. Geers
Brent T. Geers answered on Dec 22, 2021

Best thing to do would be to go to the probate court. There should be an accounting filed, which would list everything.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Am I correct that assets that name beneficiaries" DO NOT" pass through probate?

If I am correct how does a beneficiary uncover what happened to the assets that they were named as beneficiary on? For example abuse of process, forgery, elder abuse, etc. Also, the entity holding the assets what duty did they have to notify each beneficiary?

Kenneth V Zichi
Kenneth V Zichi answered on Dec 22, 2021

The short answer to your direct question is 'yes'. Property with named beneficiaries does not pass through probate and is instead transferred directly to the beneficiary with the provisions in place by the asset holder (usually a request and a certified copy of the death certificate) to... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: What can be done to remain on Medicaid if you received a check for $7000 from the death of a parent.

Special needs person living on SS, is low income & on Medicaid. He received a $7000 check after his mother died. We are trying to find out what we can do so he doesn't get kicked off Medicaid. This money is everything he has in the world. He can't afford medical insurance and... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 15, 2021

Whatever he does, he shouldn’t transfer the money to your sister. That would be considered in uncompensated transfer and would generate a penalty period And he will not have the funds to pay through that period of ineligibility. The easiest solution is to spend the money quickly on services such... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Best friend of 34 years passed away on 11/09/2021 I am beneficiary. How do I start to collect.??? Family blocked me
Kenneth V Zichi
Kenneth V Zichi answered on Dec 10, 2021

Beneficiary of what? If you are named as beneficiary you should be able directly with the financial institutions or probate court.

HOWEVER — without seeing the paperwork it is impossible to provide any really cogent advice and that really would be beyond the scope of a forum like this....
Read more »

1 Answer | Asked in Probate for Michigan on
Q: my late boyfriend had 2 homes and my personal possessions are stored in the 2nd home and the atty wont let me get them

We lived together 4 years. The 2nd home garage is where my things were put when he moved me to this town to live with him. The probate atty wont let me get my things from there and wants me to fill out a form. There are alot of valuable items in there and i need access to many of these. What can i... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 10, 2021

I would encourage you to create a list of your items you know are in that garage and present it to the attorney. If all else fails, you may need to file a claim in the estate.

2 Answers | Asked in Probate for Michigan on
Q: Do my brother and I have any rights to our family home or can my stepmother do with it what she wants?

My parents built a home on grandfather’s property that never had a mortgage. My mother passed away and my father remarried. When he remarried he stated that if he passed, the home was supposed to go to my brother & I, and his wife was to have a life lease, although he did not put this in... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 4, 2021

Possibly. But first, let's step back a generation...

The home is on your grandfather's property; did that pass to your father at some point? To whom?

If your father was legally married to your stepmother, she is entitled to a spousal elective share, which in many cases...
Read more »

View More Answers

2 Answers | Asked in Probate for Michigan on
Q: What is the order of inheritance if no will exists? Children.. grandchildren..etc

My family has lived in, and cared for, my wife's father's home for four years. We planned on making an offer to buy it several years from now, however her entire immediate family has come down with covid and things are not looking good. After a little digging, we found that this property... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 20, 2021

The ‘order of inheritance’ is spelled out in

http://legislature.mi.gov/doc.aspx?mcl-700-2102.

The bottom line is that if it is in the name of someone no longer alive, probate should have been started but if it isn’t the priority to begin probate lies with a surviving spouse...
Read more »

View More Answers

1 Answer | Asked in Probate for Michigan on
Q: I need help with Wayne County probate Court my mother passed away my childhood home want to put into my name
Brooke Lauren Archie
Brooke Lauren Archie answered on Nov 1, 2021

Provided there or no other heirs or outstanding creditors (related to unpaid debts that your mother had), you can file an Application for Probate. Upon appointment as the Personal Representative of her estate, you may execute a Fiduciary Deed conveying the property to yourself. If there are other... Read more »

2 Answers | Asked in Probate for Michigan on
Q: If two house MI & FL are taken out of a trust to put both sons on the title of the houses, will it go into probate court

My father passed away but before he did, he place the survivors of his family to be the inherited. This includes 401K, IRAs, bank accts, and two houses located in Florida and Michigan. My mother and I are wanting to pull the houses out of the trust so that we can have her sons on both titles of... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 23, 2021

The question doesn't quite make clear what all is going on. If the houses were in the father's trust, and then he passed away, his trustee is in charge of the house and must do with it what the trust says. Unless your mother is the trustee, she would have no authority to do anything with... Read more »

View More Answers

1 Answer | Asked in Probate for Michigan on
Q: I want to get a list of donors and endorsements for all probate court judges in michigan. How would I do that?
Kenneth V Zichi
Kenneth V Zichi answered on Sep 11, 2021

https://www.michigan.gov/sos/0,4670,7-127-1633_8723_8751-169289--,00.html

Will have the information you want about the donors and expenditures but as who who 'endorsed' a specific candidate, you'll have to look at the local level for each.

This is not going to be an...
Read more »

1 Answer | Asked in Family Law and Probate for Michigan on
Q: I have petitions for full guardian/conservatory of my mother's estate in Wayne County.I live & work in DC I need help!

I was informed by physician at Mama's rehab center to get full guardian/conservatory petitions. After a lot of work and headache, I have both petitions. The problems have not been reduced. An inventory form is due within 56 days. I am on 30 days. Where do I go for help now? Eldercare and... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 10, 2021

Absolutely yes, you need to hire a Wayne County attorney to help.

You should have done that from the start, but it is never too late.

Look here for someone with offices in Wayne County who is familiar with that court's requirements

as they are generally NOT the same...
Read more »

2 Answers | Asked in Probate for Michigan on
Q: Do you recommend to get an attorney to file a probate on a decedent who did not leave a will and have an estate?
Brent T. Geers
Brent T. Geers answered on Sep 9, 2021

Depends. Depends on how comfortable you are completing court forms, researching, and complying with court timelines. Court staff are not allowed to give legal advice, so you would need to do your own due diligence and trust yourself.

View More Answers

1 Answer | Asked in Probate for Michigan on
Q: Hi, what is the first step in filing a personal representative in probate court?
Kenneth V Zichi
Kenneth V Zichi answered on Aug 30, 2021

The FIRST step is to determine if Probate is even necessary.

IF the deceased person had no assets in his or her name ALONE and there was no beneficiary named on assets that can be so titled (Bank accounts, insurances etc.) THEN probate may be needed.

The NEXT step would be to...
Read more »

1 Answer | Asked in Probate for Michigan on
Q: Hello, I have a quick question after a bit of background:

We live in Michigan, and my wifes father who lives in Arizona recently passed away. He was living with a domestic partner but they were never legally married. And all that we know of is that the house was recently transferred into the partners name but nothing else was, (to our knowledge)... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 19, 2021

Each state’s laws are subtly different. You need the advice of an Arizona lawyer to determine what you can expect and what you must do.

You may or may not need to travel to AZ but you WILL need local help there to insure you proceed properly.

— This answer is offered for...
Read 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.