James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024

In situations like this, it's essential to understand your legal rights and protections as a tenant or cohabitant in the home, especially if there was no formal rental agreement in place. Generally, without a written agreement specifying otherwise, the ex-girlfriend's demands may not have... View More

You are in a very tough spot. The ex-girlfriend is a co-owner of the house and so she can evict you. I did not see you indicate that you are legally married to your partner. If that's the case, and in the absence of legal documents to the contrary signed by your partner, you have a tough... View More

Yes, your father can disinherit your siblings. Be advised that your siblings may contest this in Probate Court by claiming that he was unduly influenced to do so, or that he was not of sound mind when he made that decision. These types of probate challenges can be expensive and emotionally damaging... View More

A deed is essentially a contract that conveys real estate. Once the deed is signed over to another party (the grantee) the grantor (the person deeding the property) has no further interest in the property. There are exceptions to conveying real estate by deed, and when it comes to probate or... View More

Under Michigan law, the trustees must provide you with the portions of the trust that relate to your rights to distributions, etc. There is nothing in the statutes to compel them to provide you with the entire trust document.

As a practical matter, however, many of the probate judges do... View More

Robert P. Taylor Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

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

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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

I'm sorry to hear of your loss.

Unfortunately, the answer to your question depends on what the agreement says when you made the payment. Without seeing the paperwork it is impossible to provide any real advice. You should consult with a local attorney who can look at the paperwork and... View More

Does the lawyer know you have an existing trust? If not, that could be why he or she didn't ask. If you have one, it wouldn't hurt to bring a copy. I would not judge this lawyer's competency until you've actually sat down with him or her.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2024

Hire a MI attorney to examine your Trust as it may be revocable or have other useful terms. Setting aside a Deed may be impossible however if the Deed was drafted correctly. Search the title also for defects.