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

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.

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

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

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

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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

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.

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

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

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

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

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

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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

Your father's wife (your mother) would be entitled to the bulk of your father's estate through the spousal election. Beyond that, children are treated pretty equally regardless whether they are children of the surviving spouse, adopted, or half-blood. And so, yes, potentially your... View More

This is really not a real estate matter, but more or less a divorce or family law matter.

Possibly, but it's a longshot. You would need to establish the wrongdoing, which won't be easy. To compound the problem, even if you successfully challenge the validity of the trust, negating the terms of the trust, your mom was still married to this man and he would then be eligible to... View More

You need to hire a local attorney in the county where your mother resided.

Your situation is far too complicated to provide an appropriate answer in a Public forum like this — you need to consult with a local attorney ASAP.

— this answer is provided for information only and... View More

You would stand to receive whatever the will would have left to your father, unless you have siblings...in which case you would split whatever your father would have received.

You can keep the property and continue making payments. Federal law, 12 USC 1701, invalidates a due-on-sale clause in this instance. You may want to confirm this with the lender because, although I believe this law to be applicable, there may be facts of which I am not aware.

This is a forum for general questions. If you'd like a second opinion, you'll need to hire a local attorney to help. You can look up attorneys by practice area and location on this site. Give a call and a 'remote' review of documents is often possible... View More