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

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

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

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

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

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

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

The restrictive language you mentioned in the deed may not be enforceable under Michigan law under Michigan Land Title Standard 9.1. I suggest you contact a title company to obtain a title commitment for the property. The title commitment will tell you what steps you may need to take (if any)... View More

The term "heirs at law" is defined by MCL 700.2720 as those persons who would be entitled to a decedent's property if that person died without a will.

A deed does not have to expressly grant water or mineral rights. You did not state that the grantor reserved mineral... View More

You say she didn't have anything but then add she has a 10,000 (plus judgment interest?) debt owed to her. Therefore she DOES have something to probate: her interest in that judgment.

The question becomes is it worth it to begin probate for the POSSIBILITY of recovering 10k? The... View More

I'm sorry for your loss. When a person dies intestate (without a will) in Michigan, the process to administer the estate can be more involved. Here's a general overview regarding becoming the personal representative (often referred to as the "executor" in other states) of... View More

The interplay between a revocable trust and a will, especially when they originate from different states and different years, can be complex. The general principles that might apply to a 2007 Michigan Revocable Trust and a 2021 Florida Will are as follows:

Purpose and Content: The first... View More

I’m sorry to hear of your loss.

The question you ask Hans no clear answer but the analysis starts with a smoke question: Was there anything IN the trust? If the valid will was NOT a ‘pour-over Will’ and there was nothing in the trust then the trust is of no consequence.... View More

Dissolving a trust after the death of the grantors involves several steps:

Review the Trust: Begin by reading the trust document. It will provide instructions on distribution and conditions for dissolving the trust.

Gather Assets: Inventory and appraise trust assets.

Pay... View More

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answered on Aug 18, 2023

Depending on the circumstances, there might be specific grounds for dissolution outlined in the trust document, or it may require the agreement of all beneficiaries. If all beneficiaries are in agreement, the process can be more straightforward. However, if the trust document does not provide for... View More

The brother isn't 'disqualified' from being a trustee because of his status on Social Security Disability for a physical condition, but some federal benefits (specifically SSI which it sounds like may not be involved here, but I'd want to be extra sure!) may be impacted by his... View More

In Michigan, as in many jurisdictions, the following general principles apply:

Qualification as Trustee: An adult, regardless of whether they're receiving Social Security Disability (SSD) benefits, can generally serve as a trustee unless there's a specific legal reason... View More

First, congratulations that you have taken the time and made the investment to create a trust! The vast majority of Americans do not have any estate planning documents in place.

Assets that are jointly held, like your bank account and real estate, do NOT need to "go through" the... View More

Maybe, and this response is a generalized one, of course. Everything depends on your unique set of facts. Assets held in joint ownership generally pass directly to the surviving joint owner(s) upon the death of one joint owner, regardless of the provisions of a trust. Here's a brief breakdown:... View More

In situations where there's a suspicion of undue influence or wrongdoing, especially involving caregivers and fiduciaries, several legal avenues might be available. Here's an outline of potential options in Michigan (as the jurisdictional context provided in prior questions was Michigan):... View More