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The mother is a drug addict and she would blow anything she got on herself.
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answered on Jan 22, 2024
In general, child support can reach anything your son is entitled to. If I understand what you're trying to accomplish, what you need is to set up some sort of trust where your sister has discretion as to when and how much she gives your son. You'll need a good estate planning lawyer to... View More 
The mother is a drug addict and she would blow anything she got on herself.
answered on Jan 25, 2024
Mr Taylor is right, and further, if the mother and the local friend of the court are sophisticated enough, they can 'attach' any distributions from the trust making it less than useful in the first place.
The SOLUTION probably lies in the domestic courts here, and the longer your... View More
Spouse had revocable trust and the other (excluded) spouse was not on the purchased property deed.
Along this same line, can the trust assign a beneficiary, other than spouse, on large purchase items purchased after they were married?
answered on Jan 17, 2024
Spouses have the ability to eject ‘against a will’ and challenge being omitted from an estate plan absent a valid pre-nuptial or post-nuptial agreement.
This CAN be done, but it is complex and fraught with danger and may not work 100% of the time.
A local licensed estate... View More
I'd like to clear my daughters debt to me and not go to small claims court, and in return she will receive no inheritance when myself and wife pass. Can this be done legally ..
answered on Jan 17, 2024
Yes, and you could simply cut your daughter out of your Will without ‘hooking’ it to the debt, but to try to do anything like this without an attorney explaining the pros and cons for YOUR situation and drafting documents to accomplish the goal is playing with fire. For example, if you ‘write... View More
answered on Jan 10, 2024
You will need to do that at the secretary of state's office, and they will need to see some sort of 'proof of trust existence and authority' for whoever actually signs the title. The Trustee (person who generally has the authority to act for the trust) should be able to provide that,... View More
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answered on Jan 4, 2024
Adding your son as a beneficiary to your home involves updating the property's deed to reflect joint tenancy with rights of survivorship or using a transfer-on-death (TOD) deed. To establish joint tenancy, you'll need to file a new deed that includes both spouses' names and specifies... View More
To get our inheritance.
answered on Jan 2, 2024
What he SAYS is actually of no import. HOWEVER, what does matter is his what estate planning documents have put IN WRITING.
I don't actually see a question here, but without reviewing the documents it is impossible to say what you might expect, and when you might expect it. IF your... View More
Spouses were living separately. Can the wife have her deceased spouse's mail forwarded to her home?
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answered on Dec 31, 2023
In Michigan, as in most states, the process of handling a deceased person's mail is governed by specific legal and postal regulations. As a spouse, you have certain rights, but these need to be navigated carefully, especially if you were living separately at the time of your spouse's... View More
My stepmom said we are to our father's passing is $800000 now. She hasn't reached out to us in a timely matter. Should we get an attorney and also, what would he die without a welcome? What do you think the money's ad was a hole held
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answered on Dec 31, 2023
In your situation, where there is a significant inheritance involved and some uncertainty about the distribution of assets after your father's passing, it's advisable to consult with an attorney. Legal guidance is especially important if the estate distribution seems unclear or if you... View More
answered on Dec 20, 2023
Lawyers do not ‘oversee’ wills.
Is your father still alive? You have no rights your father doesn’t provide you — ask him and if he chooses to answer — there you are. If he chooses NOT to answer — there is no recourse.
Is your father now deceased? The Personal... View More
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answered on Dec 20, 2023
To find out the lawyer overseeing your father's will in Michigan, start by checking the will for any mentioned contact information. Reach out to the executor, if appointed, as they likely have details about the lawyer. Contact the probate court in the county where your father lived at the time... View More
The power of Authority was a Grantor/Grantee notarized by a state notary and three (3) witness.
answered on Dec 15, 2023
What exactly is a 'power of authority'? (Did you mean Power of Attorney?) What was the ostensible purpose of this document? Did this relate to real estate in Lapeer County? Was the real estate identified or was this attached to other documents?
As you can see, there are many... View More
Prior to developing brain cancer a friend had been nursing his dying father. When his dad died the family home became his and so did the father's farm. Both properties are in the state of Michigan. Would medicaid require the sale of the farm to help with my friend's medical expenses?... View More
answered on Nov 6, 2023
Business (and ANY non-homestead) property such as a farm that is rented out is not considered an 'exempt' property and needs to be liquidated in order to qualify for medicaid.
The PROCESS of doing that can be technical and complicated, so it is best to get local legal... View More
Father had 3 businesses a house on land. Bank accounts only in his name. She is not legally doing what she is suppose to do. She is selling estate assets. Below cost or giving away . Has already done a quick deed to her son my half brother for the house. 4 dependents of my dads have gotten... View More
answered on Oct 10, 2023
You should probably consider filing an injunction to prevent the administrator from dissipating assets. If necessary to prevent irreparable harm, injury, or damage, you could file an emergency petition to get into court more quickly. It is likely in your best interest to hire your own legal counsel... View More
Father had 3 businesses a house on land. Bank accounts only in his name. She is not legally doing what she is suppose to do. She is selling estate assets. Below cost or giving away . Has already done a quick deed to her son my half brother for the house. 4 dependents of my dads have gotten... View More
answered on Oct 10, 2023
I assume this woman was legally married to your father. In that case, she is entitled to the spousal elective share. I say that simply to say that the formula for that, in most cases, means that the spouse receives all or the majority of any probate estate.
As the personal representative,... View More
Does that affect my situation or only the deeds that came after the new 2017 ruling?
answered on Oct 3, 2023
No -- dower was abolished in April 2017 so with the limited exception of widows whose spouse died before then, there is no dower.
BUT there are other 'rights' surviving spouses (of both genders) retain such as electing against a will or inheriting something through intestate... View More
According to my brother executor she doesn’t but according to the pension people at his company she does. Causing lot of family drama! Being called trying to pull one!!
answered on Sep 23, 2023
IF (and only if) the 'pension' has a death benefit -- maybe.
Is the mother a named beneficiary of the pension 'death benefit'? Then she's entitled to directly receive a portion per the rules of the pension.
If the TRUST is the named beneficiary, then the... View More
When probate is not an issue, and there are only two heirs, one being the executor, how long should I be expected to wait for an accounting and distribution of the will ?
answered on Sep 1, 2023
In Michigan, as in many jurisdictions, there are specific procedures and rights associated with wills and their distribution:
Probate: When a will is submitted to the probate court for administration, it becomes a public record. This means any interested party, including heirs and... View More
When probate is not an issue, and there are only two heirs, one being the executor, how long should I be expected to wait for an accounting and distribution of the will ?
answered on Aug 29, 2023
First question to ascertain is whether there even needs to be a probate estate opened. Many people die with wills but otherwise have all their assets either owned jointly or with beneficiary designations that control the distribution of assets over anything in the will.
A common example... View More
Me will the house become his? Or can my next of kin (mother who I have no relationship with) take it from him?
answered on Aug 25, 2023
The answer to this question is "it depends." It depends on whether you both own the house as joint tenants with right of survivorship, or whether you own the house as tenants in common. And it also depends on whether you have any estate plan documents such as a will, trust, or lady bird... View More
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