Lawyers, Answer Questions  & Get Points Log In
Michigan Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Michigan on
Q: how to get a sibling out of a home our parents willed to their 4 children

He's been living there rent free. Title and all bills are in my deceased parents name. Will states that the condo is to be divided by 4 or if all agree the brother can buy us out. I do not agree. What do we do now? My sister is the executive. We signed over our rights as executives in order to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 5, 2022

I assume your sister is the personal representative. Michigan doesn’t appoint executors or executives.

If she’s been appointed by the court she has the authority and is REQUIRED to settle the estate which means selling or distributing the house.

However, the tone of your...
View More

1 Answer | Asked in Estate Planning for Michigan on
Q: Unmarried gay daughter’s partner, together 10 yrs, entitled to any inheritance
Trent Harris
Trent Harris
answered on Apr 2, 2022

No, not unless it was left to the partner in a will, trust, beneficiary designation, or ladybird deed for example.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: My grandmother recently passed away. She did not have a will. The bills are up to date. How do we transfer the deed?

Taxes are up to date and so are utilities. Do we have to go through probate to acquire the home or can we handle the paperwork filings ourselves?

Trent Harris
Trent Harris
answered on Mar 29, 2022

It sounds like you will need to open an informal estate so a personal representative can be appointed. The personal representative can then sign a deed transferring real estate to the heir(s) of the estate or to a buyer.

View More Answers

1 Answer | Asked in Estate Planning for Michigan on
Q: My father passed recently. He named me, his daughter, as beneficiary for his life insurance policy back in 2014.

He had to get his life insurance papework notarized due to state of Michigan retirement/pension rules, which he did, and then sent it in to be filed. In 2021, he remarried and went through the state of Michigan online system and put his new wife down as the beneficiary. He did not go through a... View More

Brent T. Geers
Brent T. Geers
answered on Mar 27, 2022

Likely the new wife. There seems to be some evidence that is his latest intent. Failing a proper beneficiary could subject it to probate, to which the new wife would be entitled to her spouse elective share.

2 Answers | Asked in Estate Planning and Tax Law for Michigan on
Q: I've a will specifying my 2 cars go to a friend on my death. Will the friend have to pay taxes to receive the vehicles?

I am divorced, cars are titled in my name only and fully paid for, no liens. I reside in Michigan. Michigan SOS (DMV) advised heir will have to pay sales tax - seems strange. Is this correct? My house will transfer without fees on my death.

Brent T. Geers
Brent T. Geers
answered on Mar 23, 2022

The Secretary of State is correct in this case. Only transfers of title between immediate family members are exempt from the 6% tax. If your friend is to receive the vehicles, he or she will need to pay that 6% tax.

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Michigan on
Q: In Michigan do we pay taxes after selling deceased parents home

They had no will and we just sold it ( a few years after they passed after getting permission from courts).

There are 7 children splitting the money whom each get about $8,000 each.

They had no other assets or estate to speak of

Brent T. Geers
Brent T. Geers
answered on Mar 7, 2022

Did you already pay the inventory fee to the probate court? Other than that, there shouldn't be.

View More Answers

1 Answer | Asked in Estate Planning for Michigan on
Q: How do I register my deceased fathers pistol?

Both my father and stepmom passed away there was no will and it did not go to probate as there were no assets and me and my sister agreed. My father had a pistol that he carried on him. So how do I get it registered in my name and what do I need to do so? Tried looking online and can’t find any... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 6, 2022

I am sorry to hear of your loss, but you've made a critical error in your factual discussion. If there was a pistol, there WERE assets no matter what your sister and you agreed.

You are correct that you probably don't need to go through a 'full' probate if the firearm...
View More

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Hello. My mother was a drug addict in the 90's. The state of Michigan took us in and made us foster kids. My grandmother

& I filed missing persons reports and took dental records to the morgue. No one has seen or heard from my mother since. How do I go about filing a claim for unclaimed property If we have no death certificate?

Brent T. Geers
Brent T. Geers
answered on Mar 3, 2022

Have you checked the state treasury office for unclaimed property? Without a death certificate, you will need to prove she died, which is not easy. Have you thought about hiring a private investigator?

View More Answers

3 Answers | Asked in Divorce, Estate Planning and Family Law for Michigan on
Q: I want to dispute Michigans intestancy laws and prove my fathers true wishes for his home, how would i do this?

My sister and I are currently in probate court battling fathers estranged wife over his home. They were in the process of divorce when he committed suicide and I have numerous divorce documents, texts, handwritten notes and witness testimonies that show she was not to have the home. We are... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 2, 2022

I'm sorry to say that unless your father put his 'wishes' into a will or other testamentary document, the laws of intestacy are how his estate will be divided. His misunderstanding of dower really won't play into anything here, and if the divorce was not in process (as in filed... View More

View More Answers

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Michigan on
Q: guardianship says I need permission to move aunt out of Michigan how do I petition court?

Aunt is in nursing home in Michigan, I need to move her to Ohio. I am next of kin and have guardianship. I told the judge I wanted guardianship specifically to move her to Ohio. He said I have 4 months to do so, but paperwork states I can not move her out of state. No one is giving me the... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2022

You will likely need to file a petition and order in the court that granted you guardianship.

1 Answer | Asked in Estate Planning for Michigan on
Q: minor children getting money, how to make out check to them

I am the personal representative. There was a will, but it didn't mention this pension payout and the pension payout did not have a beneficiary listed. ($40,000 split between 2 children ages 7 and 9) The next of kin are minors that live with the father, who is divorced from the deceased. Since... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 28, 2022

You’ve asked this question before/elsewhere. You do NOT make the check payable to the father. But the father may need to create a trust or set up a conservatorship.

This is not a DIY situation. Please seek representation from a local probate attorney ASAP. There are many traps for the...
View More

1 Answer | Asked in Estate Planning for Michigan on
Q: How do I fill out the "payable to" blank on estate check when the recipients are minor children?

I am the personal representative of my daughter's estate. She is divorced and I have about $40,000 to be divided equally between two minor children. When I write the check to the father from the estate account, how do I fill out the "payable to" blank? (Michigan)

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 24, 2022

You probably don't write the check to the father!

You need to have an attorney review the estate to make sure you're proceeding properly.

You may need to create a trust, or the father may need to open a conservatorship or a restricted bank account depending on how things...
View More

1 Answer | Asked in Estate Planning for Michigan on
Q: How do you maintain tax deferred status of pension check made out to an estate if recipients are minors?

minor children will be recipients of a lump sum pension check that will have tax deferred status, I think. Assuming the father will receive and control this money, (pension money is from divorced, deceased mother of minor children) I, as the representative will be transferring the money over. If I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 9, 2022

The tax status of 'pensions' is defined by law, and with the exception of surviving spouses, you cannot defer the taxes for long. If a NATURAL PERSON is named as a beneficiary, there is a possibility of extending the tax 'window' but minimum distributions are required each year,... View More

1 Answer | Asked in Estate Planning for Michigan on
Q: If a son who is married leaves his 401K to his mother?

My son a couple years ago not sure why but, laughed and told me one day when he passed i would become a rich woman because, he had just made me beneficiary to his 401 k. i ask this because he passed from cancer recently . during a conversation with his wife who told me he had left his 401 k to... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2022

You have multiple options, but there is not enough information here to suggest the one that is optimal. My best advice would be to contact an estate planning attorney for assistance. He or she will want to take into account your age, the ages of the children, their maturity and financial acumen,... View More

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Am I correct that assets that name beneficiaries" DO NOT" pass through probate?

If I am correct how does a beneficiary uncover what happened to the assets that they were named as beneficiary on? For example abuse of process, forgery, elder abuse, etc. Also, the entity holding the assets what duty did they have to notify each beneficiary?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 22, 2021

The short answer to your direct question is 'yes'. Property with named beneficiaries does not pass through probate and is instead transferred directly to the beneficiary with the provisions in place by the asset holder (usually a request and a certified copy of the death certificate) to... View More

1 Answer | Asked in Estate Planning for Michigan on
Q: my mother died and her will was changed when she got sick
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 20, 2021

Provided her illness didn't impact her mental abilities, there is nothing necessarily improper about the facts you state. If you have questions, I would urge you to consult with a local probate and estate planning attorney ASAP.

-- This answer is offered for informational purposes only...
View More

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: What can be done to remain on Medicaid if you received a check for $7000 from the death of a parent.

Special needs person living on SS, is low income & on Medicaid. He received a $7000 check after his mother died. We are trying to find out what we can do so he doesn't get kicked off Medicaid. This money is everything he has in the world. He can't afford medical insurance and... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2021

Whatever he does, he shouldn’t transfer the money to your sister. That would be considered in uncompensated transfer and would generate a penalty period And he will not have the funds to pay through that period of ineligibility. The easiest solution is to spend the money quickly on services such... View More

1 Answer | Asked in Estate Planning for Michigan on
Q: Could someone answer my question?

Hello,

Is there a way for an heir to find out outside of court how assets left to them in their name was distributed?

Thank you.

Brent T. Geers
Brent T. Geers
answered on Dec 13, 2021

Not sure what you are asking. Were assets left by will or beneficiary designation? If by will, then the person to contact would be the personal representative. The court resolves conflicts in distribution but generally does not supervise the actual distribution.

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Best friend of 34 years passed away on 11/09/2021 I am beneficiary. How do I start to collect.??? Family blocked me
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 10, 2021

Beneficiary of what? If you are named as beneficiary you should be able directly with the financial institutions or probate court.

HOWEVER — without seeing the paperwork it is impossible to provide any really cogent advice and that really would be beyond the scope of a forum like this....
View More

3 Answers | Asked in Divorce, Estate Planning, Family Law and Tax Law for Michigan on
Q: Can wife and I establish a family trust as co-trustees regarding properties that can withstand an uncontested divorce?
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 7, 2021

It is unclear what you are trying to accomplish.

A divorce will ALWAYS impact jointly owned property, and the fact it is placed in a 'trust' for some estate planning or administrative purpose doesn't mean a divorce court shouldn't or couldn't 'delve into'...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.