Get free answers to your Probate legal questions from lawyers in your area.
The warrant is for failure to file an accounting form. I did try to reach out to the court about help with filing the form and no return response. Nonetheless it didn't get filed. So now I have a bench warrant with an $11,000 bond no 10%. I need to get it cleared up. I tried to contact the... View More 
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answered on Nov 19, 2024
Hire a competent MI attorney to draft your final accounting. File it and serve it on all interested parties. Then your lawyer takes you to Probate Court and asks to to set aside the capias since you have finally filed the required accounting. You may need to put your own money in the... View More
My probate lawyer I told 4 months ago to file annual accounting failed to do so and the administration has wrongfully closed and lawyer is awol. What can I do? I left tons of messages.
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answered on Oct 28, 2024
Hire another MI attorney to close the Estate.
answered on Oct 10, 2024
It means that the applicant for something doesn't have the priority under law to serve as that something. What are you looking at that says this? Details might help. Short of that, getting local advice from a licensed attorney will likely help.
answered on Oct 8, 2024
That isn't a question, but a will won't 'get you into an account' you still need letters of authority.
Where is the estate to be probated? Is there something more than just the one bank account and is it below 10-15k?
There may be other ways to proceed, but if... View More
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answered on Oct 1, 2024
No, those are two separate legal obligations. Trustee can be sued for breach of fiduciary duties and conversion for failure to distribute from Trust. But Trustee can (must) report income being transmitted to Beneficiaries, and the IRS will prosecute them if income is not reported.
Wife died 7 years ago. Has 3 surviving children.
answered on Sep 23, 2024
Was there a beneficiary named on the life insurance? If so you probably do not need probate, but the analysis is more complicated than that.
Please consult with a local licensed attorney to review ALL the facts of your case to insure there aren’t other issues. Starting probate... View More
My mom needs it to get guardianship of me.
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answered on Sep 11, 2024
Make a motion in your criminal case to unseal it or just get a copy of your report. However first talk to your lawyer as it might affect your criminal case.
answered on Aug 6, 2024
You may have to go about having the person presumed dead. Certainly enough time has passed where you can make the claim. Do you know what county the person may have last been in? That would be the county where a death certificate could be found. But given that time period, it's certainly... View More
answered on Jul 24, 2024
Generally yes. It prevents unknown creditors from making a claim long after you believe the estate is resolved.
I am not speaking with my mother. When I was, she wouldn't have a will notarized or witnessed so I don't think she has one now. She is a hoarder and I am disabled, so I don't believe I can or should have to clean anything up after she passes. What are my options in Michigan?
answered on Jul 23, 2024
You are not obligated to do so. Does she own her residence? Eventually so other entity (e.g., bank, city, creditors) will take over, clean everything out, etc. But don't expect anything if that's the route you go.
My Uncle, died in a gas Explosion, that should have been under investigation cause he had dinner at the Mayor's house and the Mayor, was going to be out of his job next day, when my uncle went home his house exploded, 2010, I just knowest recently that some of the signatures are not his cause... View More
answered on Jul 16, 2024
You need a lot more than a hunch or suspicion of forgery. This would need to be proved, in court, through an expert handwriting analyst - which costs a lot of money that you, as the person thinking this happened, would have to pay.
So, consider whether it's worth it to fight this... View More
Me what that paperwork was. She is mismanaging the estate. Thanks.
answered on Jul 16, 2024
You'll probably want to engage an attorney to help you with this. Quite frankly, it's an uphill battle to have a personal representative removed. "Mismanagement" can take the form of simply making decisions you don't agree with or non-compliance with the court rules... View More
My 40 yr. old daughter was found dead on 3/2/24. I raised her alone all of her life. Adult child's father was never present, never paid child support, don't know where he lives. Adult child has no children. Adult child was mentally ill. Does the father get 1/2 of her small estate?
answered on Jul 2, 2024
On its face, yes, the father would receive 1/2 of the estate. BUT, see MCL 700.2114 that says in part:
"(4) Inheritance from or through a child by either natural parent or the child's kindred is precluded unless that natural parent has openly treated the child as the natural... View More
answered on Jun 12, 2024
They could try, but they would need to fall within the priority list of people who can serve as a personal representative - generally meaning they would need to be more closely related to the deceased person. AND they would need to convince the probate court judge that you are not performing your... View More
There is also 2 step children. They are from the deceased husbands first marriage. Are they entitled to anything? Could they take my children to court?
answered on Jun 11, 2024
If your spouse dies before you, you would then legally be considered single. To the extent your spouse does not have an estate plan, joint accounts, or beneficiary designations to the contrary, the lion's share of his or her property would go to you as the surviving spouse, with any remainder... View More
probate case is filed already and i have my powers of authority.
answered on May 20, 2024
That is not a question. If you need help filing a complaint, or taking other appropriate action, you should contact a local attorney to represent you and/or the estate to begin the process necessary.
This is not a forum for providing legal advice, but just general information.
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
My sisters and I were informed by Probate that we can not go the simplified process do to the amount. What steps need to be taken to receive her benefits from Fidelity. My sister is listed as the Power of Attorney, with another sister and myself, would this help the process?
answered on Apr 15, 2024
PoAs are ineffective after the principal dies so that means nothing. Did she have a will and was there a personal representative named in it?
If so that person has ‘priority’ to start probate. If not you and all your siblings — assuming your mom was unmarried at the time she passed... View More
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