answered on May 19, 2023
Typically yes, that would be the case. If his name is on the deed, then he owns the house, and so the property would not be subject to probate.
Not sure if this is the situation happening with you, but it's not uncommon, and presents perhaps unintended results, when a parent puts one... Read more »
New house owned 36 years. I do not recall any deed information.
answered on May 9, 2023
If your deed was recorded, you can buy a copy from the office of the Register of Deeds for the county where the property was located. If the deed was not recorded, then you may have a problem. You would need to contact the seller if they are alive to get a deed, or possibly the seller's estate... Read more »
answered on May 5, 2023
Not sure what you mean by "without affecting mortgage." It's not clear why it would matter to your mortgage whose names are on your bank accounts. In most cases a mortgage lender has no requirements of someone maintaining specific bank accounts while the mortgage is outstanding,... Read more »
This conserns a resident of the house, an inlaw, with sketchy and or shady friends and i do not want things coming up missing before estate disbursment
answered on Apr 27, 2023
The short answer is, yes, you have the right to control access to the house as executor of the estate, subject to two caveats:
(1) you don't have authority to do that unless you have letters of authority from the probate court; and
(2) your right to exclude others on on behalf... Read more »
She'd showed it to me and told me where it was located in her home, along with her safe deposit box key. Now that she has passed away though, my stepfather has not filed it with the probate court, or given me a copy or discussed it with me. I am concerned...
answered on Apr 26, 2023
There is no easy way to do this. You would need to ask someone who knows which attorney your mother used. That attorney may or may not still be alive and practicing law. That attorney may or may not have a copy of the will he/she drafted. If he/she does, it most likely will not be a signed... Read more »
A death notice was posted in the paper and since it was over a year I thought their claim to any estate was over.
answered on Apr 18, 2023
It depends what you mean by "death notice" in a paper. If you mean an obituary, that is not enough. On the other hand, if by "death notice was posted in the paper" you mean a notice to creditors was published in the newspaper by a personal representative under MCL 700.3801 or a... Read more »
Michigan. Items were taken by the police, am I entitled to them or do I have to file a probate claim?
answered on Apr 10, 2023
A lady bird deed is only effective to convey real estate. For the other items, they would need to be left to you in a will, or trust, or they would need to be yours under the laws of intestate succession if there is no will or trust. Probate may or may not be necessary depending on the... Read more »
Michigan. Items were taken by the police, am I entitled to them or do I have to file a probate claim?
answered on Apr 10, 2023
I agree with Mr Harris, but I'm compelled to ask -- the POLICE? It is VERY unusual for the police to become involved in such things unless 1) there was violence and/or 2) the items removed were somehow contraband.
YOU ABSOLUTELY NEED to get local legal advice and probably... Read more »
We made a verbal agreement (nothing has been signed) with a person to do an estate sale after our father passed away. The workers she had coming in to help unpack boxes, wanted the guns and ammunition removed from the home because it made them nervous. When we asked the estate sale person about the... Read more »
answered on Apr 9, 2023
Since you do not have a written contract, it is unclear what your legal rights actually are. Maybe you should ask this estate sale auctioneer for a written contract, and for the auctioneer to refrain from selling any more items without that. If you want to approve the price of items or reserve... Read more »
He is not mentally able to handle her estate, nor is his brother (who is also homeless).
answered on Mar 15, 2023
I'm sorry to hear of your loss.
Mr Harris is correct, but it seems like you're trying to get a lawyer to undergo representation via the website. That isn't how this works.
You need to work with the lawyer to RETAIN services, and that involves some phone calls and... Read more »
He is not mentally able to handle her estate, nor is his brother (who is also homeless).
answered on Mar 15, 2023
Yes, a lawyer can represent a person with diminished mental capacity, if the person consents. Under the rules of ethics a lawyer should take whatever steps are necessary to allow a person with diminished capacity to participate in the representation as much as they are capable of doing.
A... Read more »
My late parents made me trustee and requested (in writing) that my siblings and I hold onto their farmland for 5 years before selling. But I saw a question on the IRS 1041 this year asking whether the trust has been in existence for 2 years or longer (and to justify why). Is there a federal or... Read more »
answered on Mar 9, 2023
I absolutely agree with Mr Harris.
And NEITHER complex estate settlement (as the mere existence of a Trust implies) nor tax issues are fertile "DIY" ground.
If there is a car and nothing else or some SIMPLE probate, maybe, but even then, failing to publish appropriately... Read more »
My late parents made me trustee and requested (in writing) that my siblings and I hold onto their farmland for 5 years before selling. But I saw a question on the IRS 1041 this year asking whether the trust has been in existence for 2 years or longer (and to justify why). Is there a federal or... Read more »
answered on Mar 9, 2023
No, a simple trust does not have to be closed within 2 years of the grantor's death. But it appears you may have misread the question on IRS Form 1041. On 2022 IRS Form 1041 page 3, at question 8, it asks "If the decedent’s estate has been open for more than 2 years, attach an... Read more »
How do we transfer ownership to my mom, then her children in the future and avoid probate?
answered on Mar 2, 2023
It depends if your brother will deed the property back to your mother. Based upon your facts, he has an interest in the property now. Deeds are contracts and have legal implications. You need to have a real estate attorney first review the deed you mentioned and then, if necessary, draft the... Read more »
How do we transfer ownership to my mom, then her children in the future and avoid probate?
answered on Mar 1, 2023
IF the facts are correct and complete (HOW was your brother's name 'on the deed'? With full rights of survivorship? Some other way? You need to run this by a licensed attorney!) your BROTHER needs to transfer the house to your mother, and either at the same time or afterward she... Read more »
answered on Feb 27, 2023
My answer is a phrase that is near and dear to the hearts of many attorneys. "it depends." Many factors can go into the creation of legal documents:
How customized do you want the power of attorney (POA) documents to be?
Do you want the POA documents to control financial... Read more »
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 »
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