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January of 2020. Before she went to the nursing home. she put a new roof on the house. She applied for Medicaid in January. She was denied because DHHS said that the value of the new roof is a divestment of three-fourths of the $13000 roof cost. They are more or less saying that the life estate is... View More 
answered on May 22, 2020
They may be right or if the life estate requirements were that she maintain the house they may be wrong.
Hard to say without actually examining the documents but why was this mechanism used rather than a ladybird deed which would have made this moot?
It may be too late at this... View More
answered on May 18, 2020
Depends. Who was the next of kin? If no one stepped forward to handle the affairs, then it's possible the nursing home did the right thing. The nursing home has no obligation to follow the terms of the will.
They moved her to Mississippi. Now the niece is refusing to let my husband and his brother into the house to get their dads personal stuff. She even sent a detailed email stating we could go in. Then called and retracted the email verbally. What are the rights of my husband and his brother. If any,
Years ago mom added my sister as a joint account holder on all her bank accounts as well as the beneficiary to a small life insurance policy. She also had a much larger policy that when mom became disabled my sister did not properly handle causing it to start issuing lifetime annuity checks, at... View More
answered on Jul 31, 2019
Assuming the PoA allows you to deal with insurances, you can use that to modify beneficiaries, however be careful as many do not allow 'self dealing' meaning that if you try to assign the property to yourself you could run afoul of ethics rules.
PLEASE PLEASE PLEASE seek the... View More
Daughter shows up after 11 yrs, sells home, was POA, and puts me in a HOME! House appraised at $55.000 but conntract states $30,000. Other $25,000 got as unreported CASH which I never saw ANY of money. And didn't need put in a home! Finally moved me to a home in MI . I want back to Kersey and... View More
answered on Jun 19, 2019
You need to seek out local legal help not the TV news.
Acting under a Po A involves honoring the 'fiduciary duty' to act in the principal's best interest. It sounds like that may not have been what happened here, but without exploring facts that would not be appropriate in a... View More
The decedent lived in Wayne County, MI. The Stock is worth approximately $2,500. He never updated beneficiary forms and the stock company needs to see that the widow is named the personal representative or see a small estate affidavit in order to transfer the ownership of the stock to her. Before... View More
answered on Jun 4, 2019
#1: It shouldn't be necessary to open a full-fledged probate estate. First, widow could try using SCAO form pc598, Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent (see MCL 700.3983). That might work if stock company will accept it. Or, if stock company... View More
I live in Honolulu, Hawaii but my father was living in Detroit Michigan (Wayne County). I need an attorney located in Michigan.
answered on May 6, 2019
You're talking about a subject that can be criminal or civil. For criminal charges, you'd need to present the facts to the prosecutor's office (typically done through the filing of a police report); the prosecutor decides whether to pursue charges - you cannot compel them to... View More
My father died without a will. Most of his assets are solely in his name. The house, vehicles, property, etc. She plans to continue living in the home. If and when she decides to sell the home or if she dies- do her children inherit everything?
answered on Feb 18, 2019
Under Michigan law in the situation you describe the surviving spouse gets the first $100,000, plus 1/2 of the rest of your father’s estate. The remaining 1/2 goes to children of the decedent.
If and when the stepmom dies, her share of your father’s estate would go to whoever she... View More
My dad left his home to three heirs and a devisee (I'm a heir/personal representative of the estate). One heir and the devisee got into a fight and the police had to be called. The police had the devisee leave the home. The next day, the devisee and her mother returned to the home and broke... View More
answered on Sep 18, 2018
The detail is not relevant to the question, and no, because there was an altercation you can't change the terms of the will. You MAY be able to make a claim against the heir, and attach a portion of the inheritance to pay for that claim, but you need to do that properly and the BEST way to... View More
My dad left his home to three heirs and a devisee (I'm a heir/personal representative of the estate). One heir and the devisee got into a fight and the police had to be called. The heir was asked if she wanted them to take her to jail, but she said no, just have her leave the home. The next... View More
answered on Aug 30, 2018
No, a devisee can’t be removed from the Will due to a physical altercation with an heir and vandalizing the home. But the estate could have a claim against the devisee for the damage done, which could be used to offset money the devisee would otherwise receive from the estate.
As always,... View More
Prosecuting Attorney didn't want to tie up the court system with the case. The abused was never questioned by PA. PA believed everything this woman and her lawyer that she hired said. I am looking to have the case reopened to get the full truth out.
answered on Aug 7, 2018
It sounds like there is no case to re-open. Prosecutors charge crimes, and it is up to them whether they will do so. Having been involved with similar cases, I can tell you that from a prosecutor's perspective, they can be more difficult to prosecutor than meets the eye. What you may find to... View More
When my late father wrote his will, my sister was not living with him. However, she moved in during the last five months of his life and is now occupying the home (Michigan). We'd (me and my other sister who both live in different states from our sister/Dad) would like to sell the house and... View More
answered on May 9, 2018
What does the will say about the disposition of the house? Is it supposed to be sold under the terms of the will? Has the nominated PR been appointed by the local Probate Court? Has there even been a petition/application for probate?
You need to consult with a probate attorney in the... View More
I cannot find the policy and have searched her retirement and bank accounts. I was her conser/guardian and completed the probate process in 2014, A sister also came in and helped with caretaking after mom was diagnosed with dementia and deemed incompetent in 2011. I suspect this policy was... View More
answered on Feb 2, 2018
I would suggest looking at her tax returns to see if the insurance company provided any documentation of interest or earnings. If you are still the conservator, you could send your letters of authority to the biggest insurance companies to see if they have any records. Many times a policy will be... View More
When the house is sold and the mortgage paid off, what is the best way to deal with any earnings he may have? And how will the earnings impact is ability to received medicaid if he needs to move to a nursing home?
answered on Feb 2, 2018
If your father is single, the proceeds from the sale of the house would count against his $2,000 asset limit for Medicaid long-term care benefits. He would need to consult an elder law attorney to create a plan to save the proceeds, or spend it down, usually by paying the nursing home until the... View More
answered on Feb 2, 2018
The answer is no. If a legal power of attorney was never signed the spouse would have no power over assets solely in the other spouse's name. The probate court would have to appoint a conservator to handle those assets. In practice, many couples hold their assets jointly and the competent... View More
I was just served with the papers on September 1st she file for guardianship on August 11th the court date is September 18th at 10:30 at in Detroit Michigan what can I do
answered on Feb 2, 2018
A spouse would normally have first priority as a guardian, but that is only a starting point. If she is not the best person to serve as guardian, you can object in court and ask for a different person to be appointed. The fact that he had Alzheimer's before the marriage is not relevant... View More
My parents live 9 hrs away I live in Michigan they live in Michigan also I have 3 sisters only 1 will talk to them none of us have money and none of us want them to live with us I do not want either my mom or dad living with me nor do I feel I should be responsible for paying for a nursing home or... View More
answered on Feb 2, 2018
You have no legal obligation to pay debts of your parents unless you sign an agreement to do so. In the situation you describe, I do not feel you could be legally compelled to contribute to any of their debts.
In the case I'm referring to, my brother in law's mother died in a nursing home. She had no insurance or money or property. She had a will but no property. Who is responsible for funeral expenses? My brother-in-law has 3 siblings. We're in Michigan
answered on Jan 22, 2018
The easy answer is the person who signed the paperwork at the funeral home. If his family is kind, they will equally share in the cost but they are not required. If no one makes provisions at a funeral home and does not claim the body, the county will make arrangements for a cremation and keep... View More
I have given written permission for everything so far. Now he is on life support with brain damage and five organs shut down. His siblings want him on a ventilator forever yet they haven’t been around ever. I am 26 and haven’t met most of them.
answered on Oct 16, 2017
Written permission must be legally sufficient. Otherwise, you may need to obtain guardianship of your father, which involves a probate court process.
My brothers 2 adult children and 1 teenage granddaughter live in his home, where they were raised. He has afib, other health problems. He fell, the daughter, then later while he was still on floor granddaughter walked by, both ignored his plea for help. He had fallen and then again while trying to... View More
answered on Sep 5, 2017
The legal issues are whether your brother is a vulnerable adult and if the two adult children are caregivers. To oversimplify this: no one is legally obligated to render or call for aid on behalf of another adult. Walking by someone laying on the ground- a relative, at that - is morally repugnant,... View More
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