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Michigan Probate Questions & Answers
1 Answer | Asked in Collections, Contracts and Probate for Michigan on
Q: If a car has a clean title with no lean against do I have to pay the payments after my husband died?

When he took out the loan we were told they didn’t process it right an d we had to get the title. This loan person was not nice told us we had to car DMV in Ohio to get it. I refused it was 4 months of driving without plates. She finally got the title and gave it to him we transfered it and now... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 21, 2022

If the vehicle is titled in Ohio, I recommend that you hold out for an answer from an attorney in Ohio. I am not, so I am going to give a brief answer based on Michigan law.

I do not see a reason to agree to have a lien evidenced on the title. However, if the vehicle is titled to your...
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1 Answer | Asked in Probate for Michigan on
Q: In Michigan. For a small probate estate do you have to list value for old bed sheets and towels and costume jewelry?
Kenneth V Zichi
Kenneth V Zichi
answered on Jun 2, 2022

Do these items have significant value or will they be an issue in how the estate is divided?

At most ‘misc. personal/household goods’ is probably fine but … there are probably lots of other pitfalls that you’re not considering.

I’d strongly recommend you consult with a...
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1 Answer | Asked in Probate for Michigan on
Q: Is the only way to petition for a name change in Wayne County through probate court?
Brent T. Geers
Brent T. Geers
answered on Jun 2, 2022

Probate courts has subject matter jurisdiction over name changes.

2 Answers | Asked in Family Law and Probate for Michigan on
Q: Hello. Im in Michigan and I am filling out informal probate / personal representative form 558. I'm stuck on question 9.

I am on question 9. It states " I nominate _____ as personal representative, who is qualified and has the following priority for appointment _____. I am a only child and this news for my mom's estate. Do I just put then I am the only child

Kenneth V Zichi
Kenneth V Zichi
answered on May 23, 2022

The 'priority' for appointment is based on the Michigan Probate statute. If there is a will, the person named in the will has priority. If there is no will a surviving spouse does. If there is no surviving spouse all surviving children have equal priority.

If you don't...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: Can my husband's sister contest a wife's rights to everything? Do I still need a will?
Trent Harris
Trent Harris
answered on May 20, 2022

By "a wife's rights to everything", I'm assuming you mean the surviving spouse's right to a share of an intestate estate. Generally speaking, if the husband dies leaving a probate estate and leaves a surviving spouse, the surviving spouse is entitled to the first $240,000... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: What do I need to file with the court when I find out my half sister was adopted out and in wasn't entitled to anything?

I'm going through informal probate. There wasn't a will. my half-sister took me to court a while back and I end up being made personal representative of the estate and I had asked my lawyer to find out if she was adopted and he said he asked her lawyer and he said no she wasn't... Read more »

Brent T. Geers
Brent T. Geers
answered on May 3, 2022

Her adoption status will not matter if it was a step-parent adoption; she is both the child of your common parent as well as her step-dad's, and can take from both estates. Likewise, half siblings are treated the same as any other child under the law.

Whether she's entitled to...
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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Can an Executive Director of an assisted living facility refer their resident to an attorney to have a POA and Will made

The facility is located in the state of michigan and the new resident had no POA or a will that would have specific directives.

Trent Harris
Trent Harris
answered on Apr 25, 2022

Yes, there is nothing illegal about that, however employees of the assisted living facility should not serve as witnesses to the signatures on the patient advocate designation.

2 Answers | Asked in Family Law and Probate for Michigan on
Q: My dad died , he lived with his girlfriend she got a ppo against me I can't get to any paper work , how do I get that
Brent T. Geers
Brent T. Geers
answered on Apr 22, 2022

What paperwork do you need? You'll likely need to open a probate estate, which would give you legal authority to gather paperwork and other things.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: My grandmother recently passed away. She did not have a will. The bills are up to date. How do we transfer the deed?

Taxes are up to date and so are utilities. Do we have to go through probate to acquire the home or can we handle the paperwork filings ourselves?

Trent Harris
Trent Harris
answered on Mar 29, 2022

It sounds like you will need to open an informal estate so a personal representative can be appointed. The personal representative can then sign a deed transferring real estate to the heir(s) of the estate or to a buyer.

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Hello. My mother was a drug addict in the 90's. The state of Michigan took us in and made us foster kids. My grandmother

& I filed missing persons reports and took dental records to the morgue. No one has seen or heard from my mother since. How do I go about filing a claim for unclaimed property If we have no death certificate?

Brent T. Geers
Brent T. Geers
answered on Mar 3, 2022

Have you checked the state treasury office for unclaimed property? Without a death certificate, you will need to prove she died, which is not easy. Have you thought about hiring a private investigator?

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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Michigan on
Q: guardianship says I need permission to move aunt out of Michigan how do I petition court?

Aunt is in nursing home in Michigan, I need to move her to Ohio. I am next of kin and have guardianship. I told the judge I wanted guardianship specifically to move her to Ohio. He said I have 4 months to do so, but paperwork states I can not move her out of state. No one is giving me the... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2022

You will likely need to file a petition and order in the court that granted you guardianship.

2 Answers | Asked in Probate for Michigan on
Q: My mom died last April. In her will she named me personal representative. I recently received a check from Bank of

America for a refund of some kind. I know she'll have a small tax refund when I file her last return. What form(s) do I need to file with the courts to be able to cash these? I do not have any bank accounts with her name on them. Thanks.

Brooke Lauren Archie
PREMIUM
Brooke Lauren Archie
answered on Feb 10, 2022

You will need to file an Application for Probate along with the Will nominating you as Personal Representative. The Will must first be admitted and you must be appointed and receive Letters of Authority before you are authorized to transact any business on behalf of your mother's estate.

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2 Answers | Asked in Probate for Michigan on
Q: What does Michigan LLC act 450.4504 Membership interest as personal property mean if the husband dies.

Who inherits the business property? The wife or his will.

Brent T. Geers
Brent T. Geers
answered on Feb 9, 2022

Membership interest in an LLC is considered a person's personal property, which upon someone's death, would go according to the terms of any will or intestacy. Unless the will says otherwise, the wife would likely receive.

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2 Answers | Asked in Probate for Michigan on
Q: May a guardian use an assumed name on court documents?

I came across a document where the guardians last name had changed to the same as the ward and the case number was different. I searched for a name change for the guardian and couldn't find any name change. Is this legal? The guardian also had the ward to obtain a copy of his birth certificate... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 8, 2022

Independently, each thing you mentioned probably doesn't amount to much; collectively, perhaps there's more. But if you are questioning the guardian's capacity to act for the ward's best interest, there's a high standard to meet with more specific factors.

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1 Answer | Asked in Probate for Michigan on
Q: What is the purpose of being an interested person in an incapacitated adult probate case?

The guardian refuse to communicate with me as well as all other parties. I then left my contact information as an interested person. I was never contacted. The guardian was to be investigated nothing indicates the guardian was investigated. The ward was abused and passed away. The guardian and the... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 8, 2022

If the ward has passed away, the guardianship is set to end. Who was to do the investigation? If nothing was found, or even if it was, there may not be an obligation to have informed you of the results.

With the ward now deceased, an estate may need to be opened. The term "interested...
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1 Answer | Asked in Probate for Michigan on
Q: Which probate petition form is required, to get court approval to convey real property?

There's no sale of property or interest from one heir to the other needed. Even if we decide to convey to only one heir, there's still not sale or request for payment from the other heir. So, we only see the petiton for approval to sell available for Michigan, which seems like the wrong... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 7, 2022

‘Convey’ and ‘sell’ are synonymous.

You ARE selling if the estate is conveying the property but the implications go WAY beyond that.

Trying to do this without legal representation is asking for problems down the road. Gave you considered tax issues? What about capital...
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1 Answer | Asked in Probate for Michigan on
Q: Do the PR need to Petition the court for approval to Transfer the Property to self before Recording the PR Deed to self?

Only 2 heirs, one is the Personal Representative, with an agreement between heirs that the PR Heir will take over the Property, the other heir simply do not want any interest in it. The other Heir is not requesting any payment for relinquishing interest. The property has no Mortgage & a SEV... Read more »

Brooke Lauren Archie
PREMIUM
Brooke Lauren Archie
answered on Feb 7, 2022

It depends on the restrictions included on the Personal Representative's Letter of Authority. If it contains a restriction against conveying, selling, transferring property which is standard in Wayne County Probate Court, then prior court approval is required before the PR can execute a... Read more »

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...
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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 »

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