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I am not speaking with my mother. When I was, she wouldn't have a will notarized or witnessed so I don't think she has one now. She is a hoarder and I am disabled, so I don't believe I can or should have to clean anything up after she passes. What are my options in Michigan?
answered on Jul 23, 2024
You are not obligated to do so. Does she own her residence? Eventually so other entity (e.g., bank, city, creditors) will take over, clean everything out, etc. But don't expect anything if that's the route you go.
Me what that paperwork was. She is mismanaging the estate. Thanks.
answered on Jul 16, 2024
You'll probably want to engage an attorney to help you with this. Quite frankly, it's an uphill battle to have a personal representative removed. "Mismanagement" can take the form of simply making decisions you don't agree with or non-compliance with the court rules... View More 
The office is closed and no known associates.
answered on Dec 18, 2023
The state bar of michigan has begun a program where solo practitioners need to name a ‘successor agent’ for cases like this.
Try contacting them and fingers crossed he’s named such an agent. …
I have a Petition and Order of Assignment but is there a document I can get that is more focused on just stating who the heir is? The small estate was settled 5 years ago and I am the only heir but I don't recall receiving any document besides the PAOA.
answered on Nov 7, 2023
The order part of that should state how the property was to be distributed. Whether or not you're an 'heir' doesn't really matter. Did the order provide you should receive the property? What more are you looking for?
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
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We have a power of attorney for financial and one for healthcare issues. My sister is named as primary on both with me as successor. We agreed that I would handle finances and she would handle healthcare. The bank wants a letter of resignation from her declining to be the agent for... View More
answered on Oct 30, 2023
Your sister is right to be concerned, creating a need for a conservatorship to be established. While everyone sounds to be in good terms now, you all could elect to do that now to save the hassle of having to do it in the midst of a crisis.
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
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 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
There was a plot of land that my grandfather transferred to me through a quitclaim deed many years ago. Regarding current situations I am looking to sell the property, However, in the quitclaim deed, it says that the transferability only extends to heirs at law. However it also says that it can be... View More
answered on Aug 24, 2023
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
I'm her only child and she's not married. The only thing she has left is some clothes and a few nick nacks. I intend to donate most of it to good will. How do I go about being named executor? Since she had nothing why would I want to be named executor? She was married for a long time to a... View More
answered on Aug 21, 2023
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
My father created two Florida wills in 2020 and 2021 after his wife of 36 years died in 2019. Both had trusts that were similarly worded to provide for five children. The wills gave everything to a woman Dad met six weeks after my step-mother died. We lost a challenge to the Florida Will. It is... View More
answered on Aug 20, 2023
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
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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
Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents.
Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust... View More
answered on Aug 7, 2023
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
answered on Aug 6, 2023
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
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Aug 5, 2023
No. You would need to petition the probate court for guardian and conservatorship. If this caretaking has proper documentation in the form of a POA, you face a significant uphill battle.
You say you are banned from seeing your mother; By whom? And why? Depending on your answers, you're... View More
They sent the quit claim deed I completed my portion was told to have it virtually notarized, did that and returned. Later received returned filing fee check (in law offices name) saying it was denied. Have asked questions to lawyer,and staff first they say it was a new program they needed to add... View More
answered on Jul 19, 2023
This sounds like a dispute you have with the attorney about whether the attorney has completed the work you hired the attorney to do. If you are unhappy with your attorney's work, then I would first look to your retainer agreement with the attorney, if you have one. Your retainer agreement... View More
answered on Jul 18, 2023
You may need to transfer title through the Secretary of State. There is a form for this when the transfer is to an heir such as yourself and no probate proceedings.
As crazy as it sounds, to the bank, you are just a stranger until your name is on the title. And just like I couldn't... View More
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