My brother in law passed away intestate in Michigan 2021, leaving 2 adult sons, no assets. There was never a need to open an estate.
My mother in law passed recently intestate in Georgia and has real estate, etc.
Before we can file for an estate for my mother in law, we have to... Read more »
answered on Jan 28, 2023
The short answer is 'yes' whenever you open an estate you have to do a LOT of things, including publishing.
The longer answer is -- there are a lot of things that are required, starting with determining whether or not a probate estate is REALLY necessary. How do you come to the... Read more »
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 »
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 »
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 »
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 »
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 »
$7000 owed. Worth 60000. Can I buy it for what is owed and sell it at a later date without medicaid claiming it?
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.
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
Does that legally mean it’s just her money or would that money have to go into an estate and be split
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 »
I have asked to see them but they have refused to show the documents to me
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 »
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 »
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.
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?
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 »
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
answered on Sep 6, 2022
What was in the written agreement? It's unlikely you can enforce an agreement to "help".
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
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?
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 »
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 »
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 »
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?
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 »
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
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 »
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