Get free answers to your Estate Planning legal questions from lawyers in your area.
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?
answered on Nov 4, 2020
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... View 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
answered on Oct 29, 2020
This is really not a real estate matter, but more or less a divorce or family law matter.
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.... View More
answered on Oct 5, 2020
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... View 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... View More
answered on Sep 20, 2020
You need to hire a local attorney in the county where your mother resided.
Your situation is far too complicated to provide an appropriate answer in a Public forum like this — you need to consult with a local attorney ASAP.
— this answer is provided for information only and... View More
My grandmother recently passed and I received a copy of her will as her son, my father passed before her. I am mentioned as an heir. What are my rights? This case is out of Michigan.
answered on Sep 12, 2020
You would stand to receive whatever the will would have left to your father, unless you have siblings...in which case you would split whatever your father would have received.
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.
answered on Sep 1, 2020
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... View More
answered on Aug 25, 2020
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... View 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?
answered on Aug 20, 2020
Generally yes, the POA would allow her to sell property. There is no requirement that it be done through an estate sale, but any proceeds would need to be kept or used for your grandfather's benefit.
While an estate sale is possible, most estate sale companies charge a portion of the... View More
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?
answered on Aug 18, 2020
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... View 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?
answered on Aug 17, 2020
You are - likely - the next of kin and entitled to half of your dad's estate. Grandma may try - and could be named personal representative.
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?
answered on Aug 15, 2020
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... View 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... View More
answered on Aug 1, 2020
It sounds like Wisconsin would be the better choice if that is where he is going to be for the foreseeable future.
I need help figuring out the legal options i have. My situation is complicated so a phone call would be the easiest route to discuss in further detail. Please help.
answered on Jun 16, 2020
Courts are prohibited by law from providing legal advice. To do otherwise would make them biased by definition and unable to handle a case impartially.
You need to hire your own attorney especially if your situation is ‘complicated’. Your best option is to find a LOCAL lawyer as local... View 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... View More
answered on Jun 16, 2020
The short answer to your first questions is yes, if she is mentally competent she can sign powers of attorney no matter what the state of her physical health is.
The much better answer to all these questions is she should not be making these decisions without the involvement of a local... View More
Can the mortgage be put in my name with out paying off the Creditors and Heirs? This is for a house in Michigan
answered on Jun 2, 2020
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... View 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... View More
answered on Jun 1, 2020
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... View More
Are there certain time limits that affect when I am able to request certain accounting records?
answered on May 29, 2020
Beneficiary of what document? Will? Trust? Bank Account?
If the former two, you have the right to request that of the Trustee/Personal Representative
If the later, you should be dealing directly with the bank, and you don't need an 'accounting' so much as you need to... View More
Atty firm who did the trust will help but not take full responsibility. Banks seem to help only with Acct with them Ideas?
answered on May 27, 2020
Yes, you can hire another attorney to help you administer the trust. Sometimes the firms who draft trusts are limited in what they can later do, because they might have a conflict of interest. Other times, clients may wish for the law firm to do things but perhaps those responsibilities are not... View More
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
Clarification on formal vs informal claims.
answered on May 14, 2020
There are rules that cover whether you need to pay. Your attorney is looking at the big picture of the estate, taking in to account the inventory, whether any property is secured (e.g. a car with a loan, house with a mortgage), and anything else that may play a factor in this particular estate. You... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
