If the proceeds of the life insurance is over $5,000 then the law requires a minors money to be managed through the probate court conservator process. You would have to appointed by the probate court as your children's conservator. You will have to account to the court how much you start with... Read more »
My brother has a power of attorney - it's long and lenghty
Actually, quite the opposite is true: his will is now the controlling document; the power of attorney is no longer effective. You would need to see the will to see what it says about distribution. Most of the time, the will express everything go to the surviving spouse. Even if the will says... Read more »
Our deductible is 1500 max per family/year 750 per person/year. So hospital bill says she owes 750.00. Am I obligated to pay this 750 for her?
I'm sorry to hear of your loss. Your wife's ESTATE is responsible for the medical bills she incurred, but unless you've signed something that would say otherwise YOU are not. This has several different ways it could play out, but you'd be well advised to seek the advice of a... Read more »
my father died with no will . his wife is incapable of making her own decisions , is it legal for HER daughter to take control of my fathers assests and cut me off completely?
You'll want to contact an estate planning attorney directly, preferably in the county your father passed away in.
My brother died but willed the estate to someone else. Can I challenge the will?
Someone would need to see the language of the will, and know in what order people passed away. If your parents are deceased while your brother was alive, then all of their stuff would belong to him, and now his estate, to be distributed as he chooses. If your brother died before your parents, then... Read more »
My father suffered a major heart attack on March 16 and passed. No will. Nothing discussed. There are 6 of us children. We all agreed, that everything should go to my mother. Is there an easier way, other than probate. He had no major creditors
Probate is the legal means to distribute property owned by a deceased person. Unless your father held assets jointly, or had beneficiary designations on everything, then probate will be necessary. Your mom is no longer an heir or entitled to a spousal elective share, but you and your siblings can... Read more »
Providing a 'life estate' for someone and a 'remainder interest' for a third party is a pretty common thing, and easily done by a qualified licensed attorney in your area.
This is most assuredly NOT a 'DIY' project though unless you are really willing to have... Read more »
We've been married almost a year. He had a will before we married.
As the legal spouse, you may claim what's called your spousal elective share, or take what's provided to you in the will (which appears to be nothing since it predates your marriage). You may also be entitled to homestead and family allowance; and of course anything jointly owned would go to you.
The short answer: you'll want to speak with an estate planning attorney.
If you want to disclaim whatever rights you might have to your brother's estate, you'll need to take some affirmative steps. If you want to exclude your sister in law from your estate you might need to... Read more »
This depends on how the occupancy arrangements are defined. GENERALLY speaking the life tenant is responsible for the current expenses like utilities, taxes and insurance but PRINCIPAL improvements are not required. A new roof could be seen as increasing the value rather than merely maintaining it... Read more »
his will is not where he said it was , his ex wife from 20 yrs or more wants to use the will he made when they were married to take everything from her kids that there father is leaving them can she do that . he does a brother an 3 kids alive
Ex-wife? No. A divorce severs that legal relationship. Even if she were to find that will and enter it into probate, it can be easily challenged with the judgment of divorce.
he has been divorced for over 20 years we cant find the recent will she wants to take everything from his kids
In Michigan, statutory law provides that a divorce revokes any disposition of property made to a former spouse in a will (MCL §700.2807). However, the statutory provision only affects property given to the former spouse in the will -- it doesn't impact beneficiary designations or joint... Read more »
is it legal for him to be taking ownership yet? what are my rights? how do i get an attorney for this matter? how do you proceed to probate?
If your brother was the joint tenant of the house with your father, he acquired sole title upon your father's death and would be within his rights to exclude others. However, if your father was the sole owner of the house, and died intestate (meaning without a will), then his children,... Read more »
Trust basically divides the assets and then after debts are paid, divide 4 ways to the survivors. A lot of bad blood between two people/ SOme things specifically written to those to get but most was put your name on it and if more than one, the executor decides. The estate is small at about... Read more »
Maybe. Is the executor the trustee and is the family or survivors beneficiaries of the trust?
MCL 700.7814 might offer an answer to your question: the trustee must "[u]pon the reasonable request of a trust beneficiary, promptly furnish to the trust beneficiary a copy of the terms of... Read more »
She is offering to pay our downpayment on the house. She will live in the house with us and share living expenses. We are ok with her being listed on the mortgage and/or title to the house. Since basically this arrangement is just us going in together on a house that we will all be living in, this... Read more »
You are wise to avoid letting your mother’s investment be characterized as a gift. There is more than one way to do this is this and they each have pros and cons and they each require some rather precise math to make sure there is no gift component. One method is the purchase of a life estate and... Read more »
am listed as living daughter. Everything going through probate. Told me there is Exempt Property Allowance that I would be entitled in Michigan half of $15,000. He doesn’t think I am entitled because my “father” never had a relationship with me. He also says that if I take this money I will... Read more »
You don’t pay taxes on a small inheritance. Have you seen the will with your own eyes? Sounds like he is trying to pull the wool over your eyes.
Stuff was in those storage unit's and my aunt offered to get my stuff for me. My sister however refuses to let me aunt into these units and is basically holding my stuff hostage. These units have to cleared by the end of this month. If I go and get my stuff myself is that illegal?
It is hard to say without more information.
Whose name are those storage units in? You Mom's? Yours? Your sister's?
What documentation do you have that the stuff is 'yours'? Receipts? It is your clothing and not hers, etc?
Why do they 'have'... Read more »
there was no will and she is not allowing me access to his home . she is not forthcoming with any of his financial things or anything to do with him what are my rights?
These situations are always emotionally tough. But legally, yes: whomever you are legally married to when you die stands to receive the lion's share of any estate. She would also have priority for appointment as personal representative. She would be obligated to share the inventory with you... Read more »
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 »
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