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

The problem the personal representative has is that where someone provides money, goods, or services to another family member, those things are presumed to be gifts, unless there is some sort of legal agreement between them that those things are not just being provided gratis. So if there is no... 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

The right to make decisions about funeral and burial arrangements falls to the next of kin in a statutory order of priority. Typically, that would be: surviving spouse; surviving children; surviving parents; then surviving siblings, and so on. The right to be personal representative follows the... View More

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answered on Jul 10, 2023

It is very common for there to be three different signatures on a will, i.e. that of the testator (maker of will) and those o two witnesses. It could be that is what you are seeing.

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

"There was probate, but I wasn't told if the house was involved."

The answer to this will tell you what you're looking at. Several things may be happening:

-your parent deeded the house to your sister before death, had your sister on the deed as a joint tenant,... View More

Great question. To my knowledge, all supervision agencies would require on-site visits for liability reasons (they don't want their employees out some place they can't really control and in what could be a volatile situation). While not ideal (it costs time, money, and let's face it:... 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

The property will not change hands until someone (usually an heir) commences the probate process. It is not uncommon, although unwise for a number of reasons, for houses to be held in a deceased person's name while family members continue to live there for sometimes multiple generations. As... View More

If your deed was recorded, you can buy a copy from the office of the Register of Deeds for the county where the property was located. If the deed was not recorded, then you may have a problem. You would need to contact the seller if they are alive to get a deed, or possibly the seller's estate... View More

The short answer is, yes, you have the right to control access to the house as executor of the estate, subject to two caveats:

(1) you don't have authority to do that unless you have letters of authority from the probate court; and

(2) your right to exclude others on on behalf... View More

There is no easy way to do this. You would need to ask someone who knows which attorney your mother used. That attorney may or may not still be alive and practicing law. That attorney may or may not have a copy of the will he/she drafted. If he/she does, it most likely will not be a signed... View More

By beneficiary, I'm assuming you mean there is someone named on the deed who is supposed to get the property when husband passes away.

The short answer to your question is yes, a court appointed guardian or conservator could sell the house with approval of the probate court. That... View More

A petition and order for assignment is one of two Michigan small-estate procedures that can be used when a deceased's probate property is less than $27,000. The other is an affidavit for delivery of certain assets to decedent's successor. You would only use these procedures if the... View More

It depends what you mean by "death notice" in a paper. If you mean an obituary, that is not enough. On the other hand, if by "death notice was posted in the paper" you mean a notice to creditors was published in the newspaper by a personal representative under MCL 700.3801 or a... View More

A lady bird deed is only effective to convey real estate. For the other items, they would need to be left to you in a will, or trust, or they would need to be yours under the laws of intestate succession if there is no will or trust. Probate may or may not be necessary depending on the... View More

Since you do not have a written contract, it is unclear what your legal rights actually are. Maybe you should ask this estate sale auctioneer for a written contract, and for the auctioneer to refrain from selling any more items without that. If you want to approve the price of items or reserve... View More

That is unfortunate. You can have a third party -qualified attorney take a look at the documents that were prepared and filed on your behalf. With few exceptions, filed pleadings with the court are assessable to the public. I hope this helps. For more information see... View More

Good question. Whether you must pay income tax on your inheritance of US Savings Bonds depends on your individual tax situation, and can't be answered in this forum or given the limited information here. You should consult a CPA or tax attorney for more information. You can also find some... View More