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answered on Jul 8, 2022

Most probate attorneys do not include tax compliance as part of the engagement, but some do. The bottom line is you should discuss this with your probate attorney so that you have clarity regarding who is going to take care of that.

We would need to see the trust agreement to determine whether the property reverts to the grantor(s), or whether title vests in the beneficiaries. If the trust is still revocable (because the grantor(s) are alive, the grantors could revoke the trust and own the property as they choose. There is... View More

There are a number of places where you can get inventory values for the things you need.

For valuation of real estate, an appraisal is acceptable but may not be required. Local practice may vary, and other sources of valuation for real estate may also be accepted, such as a Comparative... View More

Nothing is automatic except beneficiary designations and joint accounts. But yes, most people's estates do not exceed the spousal elective share and so substantially everything goes to the spouse. That is by design because the public policy behind that is that 1) we can safely presume that... View More

By "a wife's rights to everything", I'm assuming you mean the surviving spouse's right to a share of an intestate estate. Generally speaking, if the husband dies leaving a probate estate and leaves a surviving spouse, the surviving spouse is entitled to the first $240,000... View More

No -- and there are several issues rattling around in your question that SCREAMS your family need to get real advice from a local estate planning attorney.

If someone lacks 'testamentary capacity' because of dementia or any other illness, they cannot create estate planning... View More

Her adoption status will not matter if it was a step-parent adoption; she is both the child of your common parent as well as her step-dad's, and can take from both estates. Likewise, half siblings are treated the same as any other child under the law.

Whether she's entitled to... View More

USUALLY the lawyer handles that, but what did your retainer say about who was doing what?

There won't be a 'problem' since the estate doesn't need to be closed for 12 months, but it is important to be sure you know who will be doing what when you hire an attorney. You... View More

Yes, there is nothing illegal about that, however employees of the assisted living facility should not serve as witnesses to the signatures on the patient advocate designation.

Never say never. There is always a chance for fighting - someone may alleged that you weren't in your right mind when you made the will, or that you were under undue influence, or that there was a technical error in the document. All of these reasons are why it's important to have an... View More

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

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

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.

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.

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.

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

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

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?

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

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