Lawyers, Answer Questions  & Get Points Log In
Michigan Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Saginaw County MI: My brother committed suicide in Oct. and we need to know what to do next for mother to sell his home.
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 26, 2023

I'm sorry to hear of your loss.

IF your brother owned the house solely, it will need to go through probate, and his heirs (maybe your mother, maybe not ... it depends on whether or not he had a will, or children, or a spouse etc. none of which you say) so that SOMEONE (be that his...
Read more »

View More Answers

1 Answer | Asked in Contracts, Estate Planning and Probate for Michigan on
Q: As the beneficiary of

As the beneficiary of a deceased insured, do I have the legal right to give the insurance company authorization to

Disclose the deceased, personal medical information? I am the deceased’s wife. They want me to sign a paper and give them that right. Is that legal for me to do? I did have... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 25, 2023

The Michigan statutes on decisions to be made regarding the body of a dead person use the term "next of kin" to refer to the class of persons who can make such decisions. As the widow, you would be the "next of kin". Therefore, you would be a person with authority to make... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Clarification of requirements to properly settle affairs of second to die spouse with A/B trust.

Scenario is settling affairs of second to die spouse with A/B trust in place along with pour-over will, and personal property transfer document. First settlor died 15 years ago, second settlor is still alive.

Irrevocable portion of trust currently contains properly titled real property and... Read more »

Trent Harris
Trent Harris
answered on Dec 21, 2022

It sounds like you are on the right track, based on what information you provided in your question. The decision whether probate is necessary usually hinges on whether there are any assets which require probate administration. Opening a probate estate is sometimes done even if there are not assets,... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Michigan on
Q: My mother is going to be in long term care. We live in a manufactured home together. It is in her name. There is approx.

$7000 owed. Worth 60000. Can I buy it for what is owed and sell it at a later date without medicaid claiming it?

Brent T. Geers
Brent T. Geers
answered on Nov 29, 2022

You may want to talk with an estate planning / elder law attorney. There are ways of achieving what you're seeking, but buying it for what is owed is not one of them.

1 Answer | Asked in Estate Planning for Michigan on
Q: I own my house with my boyfriend. Could he leave his half in a will or trust?

We have a mortgage on the house. And it is in both of our names. Can my boyfriend leave his half in a will or trust?

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

That depends on HOW you own in jointly. If it is as 'tenants in common' then you or your boyfriend can certainly leave a fractional half to anyone, but the VALUE of an "undivided half interest" in a house is pretty difficult to set.

If the house is owned 'with...
Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: My nephew died Intestate. His wife filed for informal probate & lied many times on the application. What can be done?

They never shared a marital home he lived with my mother the entire time. She chose to live with her ex-husband and their two youngest children. Unfortunately, my nephew died in the hospital not because of the treatment the doctors were giving him, but because of his lifestyle the treatments... Read more »

Trent Harris
Trent Harris
answered on Nov 21, 2022

Certain people have the right to participate in probate court proceedings for a decedent estate. These people are called "interested persons" as defined by Michigan law. For example, a deceased person's spouse is an interested person. If the deceased person had any surviving... Read more »

1 Answer | Asked in Family Law, Estate Planning and Probate for Michigan on
Q: I am my mothers legal guardian and executor. Can not find will. Can I get a copy even though she is alive from the court
Brent T. Geers
Brent T. Geers
answered on Oct 23, 2022

Unlikely. While there is a process to place a will with the probate court for a fee, few people do so. The court would otherwise not have a copy of the will. Your options are to 1) keep searching through personal files and hope you find it, or 2) figure out which attorney may have drafted the will... Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Who would I speak to in re: to not being able to cash a check that is in me & my dads name and Im POA?

My dad is currently in the hospital, unfortunately looking at hospice, sold his home, I'm POA in Fact and neither bank that he previously had accounts with wont allow me to cash/deposit them and both our names are on the check. I'm also being prevented from opening an account and cashing... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 16, 2022

You have a written PoA that the banks won’t honor?

Without SEEING the documents it is impossible to provide useful advice. Who drafted the PoA? That would be the best attorney to approach but ANY estate planning attorney in your area can help — IF you provide them a copy of the...
Read more »

1 Answer | Asked in Estate Planning and Family Law for Michigan on
Q: Will my brother and I be responsible for payments to estate lawyer who only works for older sibling now?

Father passed away and us 3 siblings had an estate lawyer and were dealing with things. Older sibling got nasty and greedy and was able to take our original estate lawyer and come at us. We now have our own lawyer to represent our interests, but we are worried that the older sibling is abusing time... Read more »

Trent Harris
Trent Harris
answered on Oct 12, 2022

First, you have your own lawyer - why not ask him or her this question?

Second, your personal liability to the attorney for attorney fees is a matter of contract. It depends on whether you and the brother signed a retainer agreement with the attorney agreeing to pay the attorney's...
Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: My father-in-law recently passed away there was no will If one child’s name was put on as beneficiary to the bank accoun

Does that legally mean it’s just her money or would that money have to go into an estate and be split

Trent Harris
Trent Harris
answered on Oct 6, 2022

Bank accounts that have a payable on death beneficiary designation on them pass outside of probate. That means if your father-in-law named someone as a beneficiary to his bank account, the money belongs to that person, and that person alone, upon your father-in-law's death. That person (she?)... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: How can I get proof my brother and sister have poa and are trustees for her trust for my mother.

I have asked to see them but they have refused to show the documents to me

Trent Harris
Trent Harris
answered on Sep 30, 2022

Your brother and sister have no obligation to share your mother's power of attorney or your mother's trust with you in a strict legal sense. If your mother is living, then it is likely the trust is revocable and she is the only present beneficiary of the trust, and no one else is entitled... Read more »

3 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Is a Notice to Creditors required for a person who dies who has ONLY a Trust and no will on file at probate court?

My mother is 97yo. She has no property that she owns and no car. She is in hospice and close to death. Her assets include only 3 POD CDs, a checking account (current values < $50,000 for monthly recurring bills; one credit card with a balance of < $100; a Savings account of just over $1,000;... Read more »

Brooke Lauren Archie
PREMIUM
Brooke Lauren Archie
answered on Sep 22, 2022

Short answer is no. If she has no assets to be probated , and no will to be admitted, there’s no need to open an probate estate in the court. Absent opening an estate in probate court, there’s no legal requirement to publish notice to creditors as they can only file claims against probate assets.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: My father passed in 2021 and I'm executor of estate. My sister wants copy of his taxes, do I have to give copy to her?

The estate has been completed and payments given to everyone. His original taxes for 2022 have been filed and are kept with the rest of his records in a safe. Do I legally have to give her a copy?

Trent Harris
Trent Harris
answered on Sep 7, 2022

Most likely yes. You have a duty to act in the best interests of the estate and heirs and devisees. You also have a duty to provide reasonable information about the estate and estate property to the heirs and devisees of the estate, especially information pertaining to the financial condition of... Read more »

1 Answer | Asked in Contracts, Estate Planning, Family Law and Civil Litigation for Michigan on
Q: Does my aunt owe me money for not doing as she promised

I bought my home from my grandmas estate. My aunt was executor of the estate. Part of the deal when buying the house was that uncle would help me install new siding. Since the moment I paid them they have 100% ignored me. I have the siding, but now need to pay someone to install it

Brent T. Geers
Brent T. Geers
answered on Sep 6, 2022

What was in the written agreement? It's unlikely you can enforce an agreement to "help".

2 Answers | Asked in Real Estate Law and Estate Planning for Michigan on
Q: My parents got killed by my sister. I was over the estate. I took the insurance money and gave house to my brother and

Wife . Unpond agreement house get sold I get half they get half . My brother died now she's trying not to give me my half what can I do. Plus I've been living in the home and have made major repairs that brought up property value and paid out of pocket for supply's etc

Brent T. Geers
Brent T. Geers
answered on Aug 24, 2022

The answer would depend on what exactly the agreement says, and how ownership was transferred out of the estate. Were you on the deed as tenants in common, with your brother and his wife as one-half?

View More Answers

2 Answers | Asked in Estate Planning for Michigan on
Q: Do I have to do an individual power of attorney for my parents.
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 6, 2022

Are you asking if you need to have separate PoAs to name your parents as your agents?

No.

Are you asking if you can create a document to allow you to act for one or both parents?

The answer provided is correct: you can’t do that.

If you have questions or you...
Read more »

View More Answers

1 Answer | Asked in Family Law, Personal Injury, Estate Planning and Probate for Michigan on
Q: I am 65 years old. My father is 97 and has millions. Can I sue him for neglect that occurred 62 years ago?

I was 2 years old when I was injured and traumatized by an event that shaped my life. He is a religious man with millions and now that he is in his last years and he continues to deny his responsibility and is punishing me for not following his faith by leaving me out of his will. Can I sue him for... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 5, 2022

A Michigan attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You could reach out to attorneys to discuss, but keep in mind that law firms that handle injury cases might not consider something like this on a contingency basis. There is also the... Read more »

2 Answers | Asked in Probate and Estate Planning for Michigan on
Q: When my mother passed away the deed to the house was in her name and my brothers name was on it in survivorship only,

My brother has recently passed away he never put the deed in his name so is it part of his estate or would it be my mother's estate?

Trent Harris
Trent Harris
answered on Aug 1, 2022

It's unclear from the question whether your brother was a remainderman on a lady bird deed (he only became owner when your mother passed) or whether your brother was a joint tenant with your mother, who had right of survivorship. Either way, if your brother survived your mother, the house... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Is an estate lawyer required to provide a copy of a Will to a person named in the Will?

The law office that took care of my father’s will will not provide a copy of any of the children listed. He said I needed to contact the lawyer of the co-representative of the estate that had nothing to do with drawing it up

Trent Harris
Trent Harris
answered on Jul 27, 2022

The directions given to you by the drafting attorney are correct. When an attorney drafts estate plan documents for a client, the attorney owes the client the duty of confidentiality, even after death. After a client's death, the only person who can waive confidentiality for the client is the... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Michigan on
Q: My husband & I have a joint revocable trust, with our son as the beneficiary. My husband just died.

Do I need to do anything? If so what and why?

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 15, 2022

While it is true that every trust is unique and needs to be reviewed before definitive answers can be given, some things are 'a given'.

1) you should review your estate plan and trust regularly whether or not someone has died, but when there is a death it is CRITICAL to review...
Read more »

View More Answers

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.