Get free answers to your Estate Planning legal questions from lawyers in your area.
Our deductible is 1500 max per family/year 750 per person/year. So hospital bill says she owes 750.00. Am I obligated to pay this 750 for her?
answered on Apr 6, 2021
I'm sorry to hear of your loss. Your wife's ESTATE is responsible for the medical bills she incurred, but unless you've signed something that would say otherwise YOU are not. This has several different ways it could play out, but you'd be well advised to seek the advice of a... View More 
my father died with no will . his wife is incapable of making her own decisions , is it legal for HER daughter to take control of my fathers assests and cut me off completely?
answered on Apr 5, 2021
You'll want to contact an estate planning attorney directly, preferably in the county your father passed away in.
My brother died but willed the estate to someone else. Can I challenge the will?
answered on Apr 2, 2021
Someone would need to see the language of the will, and know in what order people passed away. If your parents are deceased while your brother was alive, then all of their stuff would belong to him, and now his estate, to be distributed as he chooses. If your brother died before your parents, then... View More
My father suffered a major heart attack on March 16 and passed. No will. Nothing discussed. There are 6 of us children. We all agreed, that everything should go to my mother. Is there an easier way, other than probate. He had no major creditors
answered on Mar 29, 2021
Probate is the legal means to distribute property owned by a deceased person. Unless your father held assets jointly, or had beneficiary designations on everything, then probate will be necessary. Your mom is no longer an heir or entitled to a spousal elective share, but you and your siblings can... View More
answered on Mar 4, 2021
Providing a 'life estate' for someone and a 'remainder interest' for a third party is a pretty common thing, and easily done by a qualified licensed attorney in your area.
This is most assuredly NOT a 'DIY' project though unless you are really willing to have... View More
We've been married almost a year. He had a will before we married.
answered on Mar 3, 2021
As the legal spouse, you may claim what's called your spousal elective share, or take what's provided to you in the will (which appears to be nothing since it predates your marriage). You may also be entitled to homestead and family allowance; and of course anything jointly owned would go to you.
answered on Mar 3, 2021
The short answer: you'll want to speak with an estate planning attorney.
If you want to disclaim whatever rights you might have to your brother's estate, you'll need to take some affirmative steps. If you want to exclude your sister in law from your estate you might need to... View More
answered on Feb 23, 2021
This depends on how the occupancy arrangements are defined. GENERALLY speaking the life tenant is responsible for the current expenses like utilities, taxes and insurance but PRINCIPAL improvements are not required. A new roof could be seen as increasing the value rather than merely maintaining it... View More
his will is not where he said it was , his ex wife from 20 yrs or more wants to use the will he made when they were married to take everything from her kids that there father is leaving them can she do that . he does a brother an 3 kids alive
answered on Feb 9, 2021
Ex-wife? No. A divorce severs that legal relationship. Even if she were to find that will and enter it into probate, it can be easily challenged with the judgment of divorce.
he has been divorced for over 20 years we cant find the recent will she wants to take everything from his kids
answered on Feb 9, 2021
In Michigan, statutory law provides that a divorce revokes any disposition of property made to a former spouse in a will (MCL §700.2807). However, the statutory provision only affects property given to the former spouse in the will -- it doesn't impact beneficiary designations or joint... View More
is it legal for him to be taking ownership yet? what are my rights? how do i get an attorney for this matter? how do you proceed to probate?
answered on Feb 2, 2021
If your brother was the joint tenant of the house with your father, he acquired sole title upon your father's death and would be within his rights to exclude others. However, if your father was the sole owner of the house, and died intestate (meaning without a will), then his children,... View More
Trust basically divides the assets and then after debts are paid, divide 4 ways to the survivors. A lot of bad blood between two people/ SOme things specifically written to those to get but most was put your name on it and if more than one, the executor decides. The estate is small at about... View More
answered on Jan 30, 2021
Maybe. Is the executor the trustee and is the family or survivors beneficiaries of the trust?
MCL 700.7814 might offer an answer to your question: the trustee must "[u]pon the reasonable request of a trust beneficiary, promptly furnish to the trust beneficiary a copy of the terms of... View More
She is offering to pay our downpayment on the house. She will live in the house with us and share living expenses. We are ok with her being listed on the mortgage and/or title to the house. Since basically this arrangement is just us going in together on a house that we will all be living in, this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2021
You are wise to avoid letting your mother’s investment be characterized as a gift. There is more than one way to do this is this and they each have pros and cons and they each require some rather precise math to make sure there is no gift component. One method is the purchase of a life estate and... View More
am listed as living daughter. Everything going through probate. Told me there is Exempt Property Allowance that I would be entitled in Michigan half of $15,000. He doesn’t think I am entitled because my “father” never had a relationship with me. He also says that if I take this money I will... View More
answered on Jan 26, 2021
You don’t pay taxes on a small inheritance. Have you seen the will with your own eyes? Sounds like he is trying to pull the wool over your eyes.
Stuff was in those storage unit's and my aunt offered to get my stuff for me. My sister however refuses to let me aunt into these units and is basically holding my stuff hostage. These units have to cleared by the end of this month. If I go and get my stuff myself is that illegal?
answered on Jan 24, 2021
It is hard to say without more information.
Whose name are those storage units in? You Mom's? Yours? Your sister's?
What documentation do you have that the stuff is 'yours'? Receipts? It is your clothing and not hers, etc?
Why do they 'have'... View More
there was no will and she is not allowing me access to his home . she is not forthcoming with any of his financial things or anything to do with him what are my rights?
answered on Jan 21, 2021
These situations are always emotionally tough. But legally, yes: whomever you are legally married to when you die stands to receive the lion's share of any estate. She would also have priority for appointment as personal representative. She would be obligated to share the inventory with you... View More
My uncle passed in September. My dad is the only immediate relative since his parents and other sibling have passed previously. We are told we need to go through probate to sign his property over. What are the steps needed to take when only one relative is left? Please help, from Michigan.
answered on Jan 6, 2021
If the assets/property is in your uncle's individual name the only way to obtain access is through a probate administration. If your uncle has a will then it is a road map for his estate. If not then there is a process. if there is family harmony it is an informal process. I can explain in... View More
My mom passed when I was 19, and she put in her will that we are to get 1/3 of our inheritance when we turn 30, another 1/3 when we turn 35 and the remaining 1/3 when we turn 40. Does this have to be enforced? Any way around this?
answered on Dec 28, 2020
Yes, it's enforceable. What you are describing is not just a will, but also a trust that was created in the will (a testamentary trust). To but it bluntly, courts are going to enforce wills and trusts exactly as they are written as long as the testator/trustor had a legitimate estate planning... View More
My Dad passed away 2 months ago and he left his house to his ex-wife. But he did Not leave her Any items In the house. She has since moved-in and is currently helping herself to everything there. The Will says the executor has 15 months to itemize and distribute the contents. Doesn't the value... View More
answered on Dec 28, 2020
You can try to plead with the ex-wife to leave the household contents in place so that the person(s) who are entitled to them can get them. But if asking doesn't work, the only way for someone to force the ex-wife to leave the household contents alone is to open probate and have a personal... View More
beneficiary. I am now told the trustee can actually keep all of the assests. Do I have recourse?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2020
You should hire a Michigan trust administration attorney to help you sort this out. At the very least, the attorney can write a letter to the trustee demanding a copy of the trust and an accounting. Do not delay. If you wait too long you may lose your rights as a legal matter due to the passage... View More
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.
