My father died without a will. Most of his assets are solely in his name. The house, vehicles, property, etc. She plans to continue living in the home. If and when she decides to sell the home or if she dies- do her children inherit everything?
Business savvy and real estate management experience would be a good start. If you have those, you will be exposed to the various ownership entities real estate investors use to acquire and operate rental properties. You would have agreements and requirements for various independent contractors and...Read more »
I purchased land with my Dad & Mom 20+ years ago as joint tenants w/ rights of survivorship. My Bros didn’t want to buy in. I built my home on it, they lived in town, we bought equipment - tractor, plow, disc, etc. Sometimes we split equip costs but we also purchased separately. My Dad listed... Read more »
I’ll try to make this brief. If your disgruntled brothers lawyer up and you don’t, yes as to #1 and maybe as to #3. If you lawyer up, the answers are the same but you will have a better chance of it. Here’s my take:
You said that the three of you owned the real estate as joint tenants...Read more »
Are you trying to establish a post chapter as a nonprofit? If you're wanting to set up a DAV or VFW post, you need to coordinate with those organizations as you'll need a charter from them to proceed. If you want to set up your own nonprofit, you may, but nonprofits cannot have individual...Read more »
A person who is a qualified beneficiary of a trust in Michigan does have the right to obtain certain information about the trust. The fact that you have not received any information from your sister may mean that you are not a qualified beneficiary. Also, it does not necessarily mean that your...Read more »
No. Not unless you were a co-signer on the debt with him.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on information you get from internet discussion boards such as this one.
The property sold 5 months prior to death and proceeds were deposited in a "household account". We are being told account was not part of the trust and therefore proceeds should not be divided equally as indicated in the trust.
That’s probably right. The account would only be divided according to the terms of the trust if the account were owned by the trust. If the account was in the name of the person who died, not the trust, then the trust didn’t own it and the account passes according to the terms of the account...Read more »
Probably. Michigan law recognizes advancement of a particular religion as a legitimate interest that estate planning can provide for. For example, the factors for best interests of a minor consider a guardian's ability to continue raising a child in the child's religion or creed, if any. And...Read more »
Yes, but not under your mother's will. If mom passes away while still married to new husband, new husband would have certain rights to mom's property under Michigan law, such as to homestead, family, and exempt property allowances. New husband could also claim an elective share against the will. So...Read more »
If the funeral home obtained/paid for it and hasn’t been paid for the funeral, yes. But you can get a death certificate of your own from the vital records section of your County Clerk’s office. You will need to pay a small fee to obtain the record.
My dad left his home to three heirs and a devisee (I'm a heir/personal representative of the estate). One heir and the devisee got into a fight and the police had to be called. The police had the devisee leave the home. The next day, the devisee and her mother returned to the home and broke in,... Read more »
The detail is not relevant to the question, and no, because there was an altercation you can't change the terms of the will. You MAY be able to make a claim against the heir, and attach a portion of the inheritance to pay for that claim, but you need to do that properly and the BEST way to insure...Read more »
What sort of 'life estate' are we talking about? A 'ladybird deed' or a traditional 'life estate'? You need to take that deed to the lawyer who created it (Your parents DID use a lawyer right?) and ask the specific questions to see if there are 'fixes' that can be made.
When was the paperwork signed? Before or after marriage? Signed by ONE witness? TWO? Notarized? The form matters and so does how it was signed. If your sister didn't do this with an attorney you're playing with fire trying to rely on this! If she DID use an attorney, that attorney can perhaps best...Read more »
If you want your sisters to inherit the land after you pass, you should talk to a lawyer about having something like an enhanced life estate deed prepared, or a will. A quit claim deed at closing isn’t going to do what you’d like to do, since the difference between quit claim deed and warranty...Read more »
Default under a mortgage gives the lender the right to foreclose. The lender will file a motion for relief from the bankruptcy stay, and then they can go forward with the foreclosure. How long this takes before they do this depends on the lender.
My dad left his home to three heirs and a devisee (I'm a heir/personal representative of the estate). One heir and the devisee got into a fight and the police had to be called. The heir was asked if she wanted them to take her to jail, but she said no, just have her leave the home. The next day,... Read more »
No, a devisee can’t be removed from the Will due to a physical altercation with an heir and vandalizing the home. But the estate could have a claim against the devisee for the damage done, which could be used to offset money the devisee would otherwise receive from the estate.
It depends on how the money was spent. If the money in the account was spent on your father's funeral and burial expenses, expenses of last illness, and other expenses related to his passing, there probably is nothing to be done. Those funds have priority under Michigan law and come out of the...Read more »
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