My uncle passed in September. My dad is the only immediate relative since his parents and other sibling have passed previously. We are told we need to go through probate to sign his property over. What are the steps needed to take when only one relative is left? Please help, from Michigan.
If the assets/property is in your uncle's individual name the only way to obtain access is through a probate administration. If your uncle has a will then it is a road map for his estate. If not then there is a process. if there is family harmony it is an informal process. I can explain in...Read more »
My mom passed when I was 19, and she put in her will that we are to get 1/3 of our inheritance when we turn 30, another 1/3 when we turn 35 and the remaining 1/3 when we turn 40. Does this have to be enforced? Any way around this?
Yes, it's enforceable. What you are describing is not just a will, but also a trust that was created in the will (a testamentary trust). To but it bluntly, courts are going to enforce wills and trusts exactly as they are written as long as the testator/trustor had a legitimate estate planning...Read more »
My Dad passed away 2 months ago and he left his house to his ex-wife. But he did Not leave her Any items In the house. She has since moved-in and is currently helping herself to everything there. The Will says the executor has 15 months to itemize and distribute the contents. Doesn't the value... Read more »
You can try to plead with the ex-wife to leave the household contents in place so that the person(s) who are entitled to them can get them. But if asking doesn't work, the only way for someone to force the ex-wife to leave the household contents alone is to open probate and have a personal...Read more »
You should hire a Michigan trust administration attorney to help you sort this out. At the very least, the attorney can write a letter to the trustee demanding a copy of the trust and an accounting. Do not delay. If you wait too long you may lose your rights as a legal matter due to the passage...Read more »
My mother and father were married and had 4 kids together but when my father passed there was no will so does the estate go to his immediate family that he widowed or do the other kids have a share aswell?
Your father's wife (your mother) would be entitled to the bulk of your father's estate through the spousal election. Beyond that, children are treated pretty equally regardless whether they are children of the surviving spouse, adopted, or half-blood. And so, yes, potentially your...Read more »
I'm 38 his friend that was the cosigner on his house passed july 2020. Can me and my adult sibling sue her estate for back child support Michigan since after he died it went to her they weren't married
My sister, and my Mom's brother, truly believe my Mom was coerced because we knew her, and too many things went against her known wishes. Still is. He is easily a multi millionaire, and my Mother told my sister and I repeatedly what she wanted us to have. Most pre-him coming into our lives.... Read more »
Possibly, but it's a longshot. You would need to establish the wrongdoing, which won't be easy. To compound the problem, even if you successfully challenge the validity of the trust, negating the terms of the trust, your mom was still married to this man and he would then be eligible to...Read more »
My mom died in 2016. My brother was in charge of my mom's estate and even had one of his kids living in our moms house since 2016 until recently (he never consulted me). Moms house was just sold at auction a few weeks ago, After back taxes were paid there is a sum of money left over. My... Read more »
Am I able to assume her Mortgage and keep making the payments or am I required to sell the home and land. I want to keep the property and can make the payments. But I don't know how the process goes and am feeling overwhelmed.
You can keep the property and continue making payments. Federal law, 12 USC 1701, invalidates a due-on-sale clause in this instance. You may want to confirm this with the lender because, although I believe this law to be applicable, there may be facts of which I am not aware.
My mom hired someone to prepare Lady Bird deeds to leave her Michigan land to her children. What the attorney has prepared is simply a quit claim deed in the first paragraph and then has an appropriate sounding Lady Bird clause below it. This is unlike other deeds I have seen where they state in... Read more »
This is a forum for general questions. If you'd like a second opinion, you'll need to hire a local attorney to help. You can look up attorneys by practice area and location on this site. Give a call and a 'remote' review of documents is often possible...Read more »
My grandfather has Alzheimer’s. My aunt is POA and the only living child of his. Can she start giving away personal items in the home such as family momentos, clothes, furniture, tools, etc before selling his home to move him? What about holding a living estate sale?
What kind of problems present itself in probate court if the LW&T states John Joe versus John H. Joe or John Harry Joe? Should i request that John's lawyer re-do the LW&T to include middle initial or middle name?
It is VERY unlikely to cause issues. Usually there is something else in the will that will clarify any 'ambiguities' (e.g. "My Wife Jane Joe", and "my children John Joe Jr and Billie Jo Joe-Harris" are identified in the will) which would make the identity of the...Read more »
Can she do this? Im the oldest brother is not 18 yet. She said she wants the house in her name and if anything happens to her then the house would go to me. I thought I was next of kin. Please help with any advice. So being that I am over 21 she can still get the house from us?
I lived with my mom my whole life. I am the only living child besides one grandson that didn't show up to court. I plan to continue living in the house which is her only property. Do I need to involve him if there is nothing for him to inherit?
Is this grandson your son? If so, then no, you don't need to include him. If he is the child of a sibling that is deceased, then yes, you do need to account for him. If he is the only grandson, he would inherit whatever his mom or dad (your sibling) would have received. If you had just one...Read more »
My dad is from the state of Michigan where he has a home and pays taxes. However recently he has been moved to a nursing home in the state of Wisconsin. He would like a durable power of attorney with me as appointee, should I get these forms based out of Wisconsin because that is where he will be... Read more »
My sister is in the hospital, for kidney disease and another life-threatening illness. She will remain there for another 7 weeks, after which she is expected to get a kidney transplant. She is mentally competent--understands what the doctors tell her, has normal conversations with us and can... Read more »
The mortgage isn’t your real problem. It is the deed that matters.
And no you can’t just transfer a house through probate without taking creditors — and the other heirs — into account. There may be options but without seeing all the details (which would not be appropriate in a...Read more »
The deceased partner owned the home. The surviving partner provided almost all of the furnishings. The personal representative for the estate needs to provide inventory for probate. Do heirs have a claim on the survivor's personal property? How do you prove who owned what? There are some... Read more »
First question to ask is whether this is an issue. In other words, is the personal representative contesting the surviving partner's claim in the property? If not, then there's not much of an issue; the court is not interested in sifting through items of personal property. If there is an...Read more »
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