Get free answers to your Probate legal questions from lawyers in your area.
I believe my father's wife was negligent in caring for him, leading to his death. My father, who suffered from dementia, was suspected of having a stroke by his wife, a former nurse. She called an ambulance, but claimed he refused to get on. Later, she said he fell and refused help to return... View More 
answered on Mar 17, 2025
Nothing you state raises huge red flags. People with dementia often act just as you describe and loved ones often can't intervene easily to avoid unpleasant outcomes. That said, if you question the veracity of these claims, my FIRST step would be to ask 9-1-1 for verification of the call for... View More
I am a widow, and I own a house in Michigan that I intended to flip. My husband, who is now deceased, added his daughter to the deed solely for cheaper insurance purposes. I am also on the deed, and I am the sole person on the mortgage. My stepdaughter believes the house is hers and is living... View More
answered on Mar 18, 2025
Your remedies at law will depend upon how the deed is held between you and your step daughter. The 'magic' language in the deed controls how you may be able to proceed in circuit court for a declaratory action of partition. You also may have rights to financial contribution as well.... View More
I am a widow, and I own a house in Michigan that I intended to flip. My husband, who is now deceased, added his daughter to the deed solely for cheaper insurance purposes. I am also on the deed, and I am the sole person on the mortgage. My stepdaughter believes the house is hers and is living... View More
answered on Mar 13, 2025
Partition or partition sale is the name of the legal action to be instituted. However, I don't understand the state of title. Did you and your husband own the property as husband and wife? Did both of you sign the deed to add his daughter to the title? If you both owned it and only he... View More
My mother passed away in 2024, having been divorced in 2015 in Michigan. The divorce included a QDRO ordering a lump sum to be paid by her ex-husband via an IRA rollover, designating him as a partial beneficiary. However, due to an oversight, he wasn't listed as a beneficiary on her Prudential... View More
answered on Mar 12, 2025
They may not be able to change the beneficiary per se, but the Divorce Court and Probate Court both have 'equitable' powers and can "recover" funds paid legally but contrary to prior court orders.
This situation needs to be reviewed by a local probate / divorce attorney... View More
My brother passed away in December 2024, and I am the personal representative for his estate in Michigan. His wife passed away in 2013. They lived in a home purchased during their marriage, but only his late wife’s name was on the deed. My brother never had the property transferred to his name.... View More
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answered on Mar 7, 2025
The Will devise is your source of title. When you are able to sell it during the Probate process, then your Deed will have the devise to you as the derivation of title in the legal description. It should specifically cite the will book, page number and docket number of the Court where it was... View More
My brother passed away in December 2024, and I am the personal representative for his estate in Michigan. His wife passed away in 2013. They lived in a home purchased during their marriage, but only his late wife’s name was on the deed. My brother never had the property transferred to his name.... View More
answered on Mar 8, 2025
You don't 'update' the deed. You probate the will and it looks like you will also need to probate his wife's estate as well. I strongly urge you to consult with a local (to the county where they lived) licensed probate attorney to walk through what steps may be necessary.... View More
I am the personal representative of my brother's estate in Michigan. He purchased a home with his late wife in 2008, who passed away in 2013. The deed is currently under his late wife's name with "estate" noted after it. My brother never had the deed changed to his name. His... View More
answered on Mar 8, 2025
You will need to provide the probate attorney with a copy of the deed. If the language on the deed is drafted properly, then the property interest may not need to be probated. Deeds contain language that has far-reaching consequences, so that is where most attorneys would start, by reviewing the... View More
My mom passed away in 2022, leaving a paid-off vehicle solely in her name without a will or any probate process initiated. There are four siblings, and there is a conflict because my brother and sister have taken the vehicle, but I have the title. Does it need to go through probate for me to claim... View More
answered on Mar 5, 2025
In Michigan vehicles below a specific value ($60k) do not HAVE to go through probate, but if there is a disagreement, that is the best way to insure there won't be issues in the future.
Seek local legal representation to make sure you do this in the most economical and appropriate... View More
Is a surviving spouse responsible for paying off credit card debts that were solely in the deceased spouse's name if the jointly owned home could cover these debts?
answered on Feb 28, 2025
As a general rule in Michigan a spouse is not responsible for the sole debt of a deceased spouse. If the home was held in the entireties - as husband and wife, a creditor of the deceased spouse could not attach a lien to the home. Whether a creditor could make a claim against the probate estate,... View More
Is a surviving spouse responsible for paying off credit card debts that were solely in the deceased spouse's name if the jointly owned home could cover these debts?
answered on Mar 8, 2025
The surviving spouse will only be responsible for the credit card obligation if they were a co-signer. If the decedent's estate is probated, then the creditor will file a claim against the estate. Unless the personal representative's estate objects to the balance amount (which they... View More
As the adult child managing my deceased parent's estate, can I drop or forgive the back child support owed to my deceased parent by the other parent?
answered on Feb 25, 2025
The Personal Representative can settle and compromise claims in many circumstances but it is not a ’yes/no’ situation.
It is POSSIBLE to act in this way, but ONLY if it is in the ‘best interest of the estate’.
If you don’t already have an attorney, you need one to insure... View More
We received notice from a life insurance company after the probate was closed, asking us to file an Affidavit of Small Estate and provide a copy of the living trust that names us and The Humane Society as 50/50 beneficiaries. The Humane Society already received its share before probate closure.... View More
answered on Feb 24, 2025
Something doesn’t ’add up’ here. If there was a trust there wouldn’t have been probate absent someone doing something wrong.
If the probate is closed you may need to reopen it but life insurance doesn’t usually go through probate at all unless there is a failure to name a... View More
My sister has passed already and I’m trying to pay for her funeral expenses and storage units.
answered on Feb 4, 2025
Mr Soble is correct, however, if there are two witnesses it may not be necessary to be considered a 'holographic' will. Wills don't need to be notarized, just witnessed by two disinterested adults.
I do however suggest you should consult with a local probate attorney to... View More
My sister has passed already and I’m trying to pay for her funeral expenses and storage units.
answered on Feb 3, 2025
Holographic wills are valid in Michigan provided that they are written in the decedent's handwriting and endorsed by the decedent. No witnesses are needed, but be prepared to be challenged in probate court. It will help you significantly if you can find the witnesses and take affidavits of... View More
answered on Jan 31, 2025
Under Michigan law, a will does not have to be notarized. See MCL 700.2502 for the requirements. It is reprinted below. Having a valid will is the first requirement. You will also need to have the will probated.
700.2502 Execution; witnessed wills; holographic wills.
Sec. 2502.... View More
answered on Feb 1, 2025
Generally speaking, a decedent's will needs to be witnessed by 2 witnesses or have a notary witness the signature. However, if the document was in their own handwriting, signed and then dated, it may be admissable as a will. It still can be challenged for a variety of reasons, such as... View More
All heirs weren't listed, it appears the money has been distributed did this constitute Civil Theft? There is also First Amendment retaliation in that proper notices weren't received, inspection of file and records were denied. Unrelated cases were opened and the next surviving relative... View More
answered on Jan 9, 2025
Your situation is unclear at best, the ‘first amendment’ has nothing to do with this sort of thing but what is clear is you need to have a local licensed attorney review all the related paperwork ASAP and determine if you have basis for an appeal or some other civil action to recover whatever... View More
The warrant is for failure to file an accounting form. I did try to reach out to the court about help with filing the form and no return response. Nonetheless it didn't get filed. So now I have a bench warrant with an $11,000 bond no 10%. I need to get it cleared up. I tried to contact the... View More
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answered on Nov 19, 2024
Hire a competent MI attorney to draft your final accounting. File it and serve it on all interested parties. Then your lawyer takes you to Probate Court and asks to to set aside the capias since you have finally filed the required accounting. You may need to put your own money in the... View More
answered on Oct 8, 2024
That isn't a question, but a will won't 'get you into an account' you still need letters of authority.
Where is the estate to be probated? Is there something more than just the one bank account and is it below 10-15k?
There may be other ways to proceed, but if... View More
Wife died 7 years ago. Has 3 surviving children.
answered on Sep 23, 2024
Was there a beneficiary named on the life insurance? If so you probably do not need probate, but the analysis is more complicated than that.
Please consult with a local licensed attorney to review ALL the facts of your case to insure there aren’t other issues. Starting probate... View More
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