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In the process of buying a home. Trustee passed away after purchase agreement signed. Other trustee alive. Home was given as life estate to the one that passed. Trust stated he could sell and had to share profit with any living trustees. (Sister gets 1/3). Is the purchase agreement still valid?
![Nina Whitehurst Nina Whitehurst](http://justatic.com/profile-images/1518593-1682021260-sl.jpeg)
answered on Jul 30, 2021
The most likely outcome is the successor trustee is contractually bound to complete the sale of the house and distribute the proceeds in accordance with the terms of the trust.
my siblings and I are beneficiary of one of my dad's IRAs, we want to make his surviving wife the sole beneficiary. can we do that and have the IRA still be pre-tax.
![Nina Whitehurst Nina Whitehurst](http://justatic.com/profile-images/1518593-1682021260-sl.jpeg)
answered on Jul 22, 2021
It is possible that if all of the decedent's children disclaim that the account would then go to his surviving spouse. But that depends on other factors, including exactly how the beneficiary designation was worded and whether there were contingent beneficiaries after the children. You... View More
I’m an only child my father has lived with a woman for 20+yrs, they never married. If he died how would his assets be distributed? We all live in Michigan, all of his assets are located in Michigan. Most of the stuff he owns is solely in his name.
![Kenneth V Zichi Kenneth V Zichi](http://justatic.com/profile-images/1491141-1447139220-sl.jpg)
answered on Jul 9, 2021
If there is no spouse but there are surviving children the children inherit property that is in the deceased’s name only under Michigan law. But there needs to be private and that needs to be done promptly and properly.
Your father needs to think about his estate planning and create a... View More
![Kimberly Redd Kimberly Redd](http://justatic.com/profile-images/1488657-1623511676-sl.jpeg)
answered on Jul 5, 2021
In drafting a revocable trust in Michigan, I typically start with my client's goals. Some clients just want a simple revocable trust that simply transfers property in a certain after their death while others want to direct how money and property is to be managed after their gone. Typically,... View More
This is in the State of Michigan.
![Nina Whitehurst Nina Whitehurst](http://justatic.com/profile-images/1518593-1682021260-sl.jpeg)
answered on Jul 4, 2021
There are two ways to do this. The first way is to inform the maker of those instruments that you are not willing to serve and ask that he or she revoke the existing instruments and make new ones. If that is not possible, then you can simply decline to serve. This should be done in writing and... View More
If a man left specific instructions on his funeral with an unrelated trustee and purchased a cemetery plot before he died, but he did not leave any written instructions, can a daughter change his plans?
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jun 26, 2021
Michigan has a funeral representative statute. If the specific instructions conform to that statute, than the trustee makes the decisions. If there is a dispute, the funeral home make require a probate court order - particularly if the dispute is between burial or cremation. If the dispute is about... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jun 21, 2021
You should have a Michigan attorney draft the deed, and then somehow, your mother will need to sign it before a California notary.
Last name of my second sole personal representative (my niece) is misspelled. Can it be corrected or do I need all new documents?
![Nina Whitehurst Nina Whitehurst](http://justatic.com/profile-images/1518593-1682021260-sl.jpeg)
answered on Jun 9, 2021
You can replace all of those documents with new, corrected ones, of course, and that is the BEST solution. If that is not practical, then consider a same name affidavit to connect the dots between the misspelled name and the correctly spelled name.
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on May 27, 2021
Yes, unless there are estate planning or business agreement documents to the contrary.
Mom died left everything to her two daughters and one daughter had her children legally taken away . That daughter died ..Does her children still have rights In the WILL because it says if daughter is not alive it goes to her children ..but for the record the WILL was wrote in 1999 before her... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on May 26, 2021
Do you know whether the daughter's parental rights were terminated or if she just did not have legal custody? If her rights were terminated, then no, her kids would not inherit from your mom as termination of parental rights severs kinship; if the daughter just lost legal custody (e.g. the... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on May 24, 2021
A lawyer would need to see the actual recorded deed because the way you phrase the question leads to two possible answers:
-if mom and dad quit claimed the house to the children, then NO, mom can't change the deed because the house isn't hers anymore (dad passing, then, has... View More
Her name is only for work weeks when we signed on the house. She pays no bills. My name is also on the house title and mortgage and I'm the one who pays the mortgage.
![Kenneth V Zichi Kenneth V Zichi](http://justatic.com/profile-images/1491141-1447139220-sl.jpg)
answered on May 14, 2021
You cannot force someone to give or sell property. If her name is the only one in the mortgage/deed she will need to voluntarily sell (‘sign off’) the property or you will need to probate the property after she passes. The real issue here is that if there’s a mortgage that will complicate... View More
I would like to use it as a down payment on a house. However I have no details about the size of the trust or how to ask for some of the money. What paperwork does the trustee or executor have to provide to the beneficiary,?
Thank you
![Kenneth V Zichi Kenneth V Zichi](http://justatic.com/profile-images/1491141-1447139220-sl.jpg)
answered on May 6, 2021
It depends on the terms of the trust.
But you SHOULD be able to get a copy of the trust. If indeed you actually are the beneficiary. The trust itself will contain the terms of what you’re able to ask for and how to make the request.
If you don’t understand the terms of the... View More
Is this ok?
![Michael Zamzow Michael Zamzow](http://justatic.com/profile-images/1498782-1611330134-sl.png)
answered on May 3, 2021
Possession/safekeeping is maybe fine. But there is no simple answer with the information provided, you might need to ask again, or contact an attorney directly.
Generally, when there are two trustee's there is a 'decision tree' and process to follow, second your mother's... View More
He made very good money and spoke with me about his will and how things were to be divided. My step mother claims he left us nothing. He lived in Arkansas.
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Apr 29, 2021
Each state is different, but your best bet would be to contact the probate court in the county he lived in to see if they have a will on file.
Just be advised that most states' laws would allow for the majority of a person's estate to go to the spouse regardless of what a will... View More
The court was kind enough to name the publication - Oakland County Legal News. So far I have "Publish one time in 1.Oakland County Legal News in 2.Oakland County. Furnish #3 ??? copies to #4 ???. Furnish affidavit of publication to the probate court with copy to #5 ???. Forward statement for... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Apr 26, 2021
You should contact the probate court to determine which publication is used in your area. You should then send that form to that publication (some probate courts will do it for you).
My father recently died and had his previous wills canceled for religious reasons but never redid them. When I went to the bank to inform them that he was deceased, they noticed that I was the beneficiary of the accounts and said that I could finance his balance due for 44K or put a full estate... View More
![Michael Zamzow Michael Zamzow](http://justatic.com/profile-images/1498782-1611330134-sl.png)
answered on Apr 21, 2021
Generally the assets of a decedent must be filed and managed through probate, and it would not likely be permissible to buy the house without probate. Without a will there are statutory rules regarding allocation. This is a situation where you should speak with an attorney to avoid unintentionally... View More
Does his wife have any claim to the insurance?
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Apr 19, 2021
Doubtful. Insurance is a contract. If his mom is beneficiary, that's to whom the money will go. Possible exception may be a cash value policy paid into during the legal marriage (not total time together).
![Don L Rosenberg Don L Rosenberg](http://justatic.com/profile-images/732125-1444795690-sl.jpg)
answered on Apr 13, 2021
If the proceeds of the life insurance is over $5,000 then the law requires a minors money to be managed through the probate court conservator process. You would have to appointed by the probate court as your children's conservator. You will have to account to the court how much you start with... View More
My brother has a power of attorney - it's long and lenghty
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Apr 7, 2021
Actually, quite the opposite is true: his will is now the controlling document; the power of attorney is no longer effective. You would need to see the will to see what it says about distribution. Most of the time, the will express everything go to the surviving spouse. Even if the will says... View More
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