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answered on Nov 28, 2023
There is typically no way for the general public to know if court records or files have been sealed unless this is specifically disclosed by the court. Sealed records are, by definition, restricted from public access and inspection.
Instead, here is what generally happens when records are... View More 
His phone is fingerprint and passcode locked. If I pay off the balance, is the phone legally mine since it is on my account.
Update.
I have asked for the phone back since I am paying the bill. They will not give it back.
answered on Oct 30, 2023
This is a scenario with a legal answer and a contrary common sense approach.
If the phone is on your account, you are ultimately responsible for the balance. That has nothing to do with the sibling. Why would he or she want the phone? Have you, or could you, ask for it back? If they refuse,... View More
I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file?
answered on Oct 18, 2023
The estate needs to bring the action for the claim. If your father passed without a will, then the Michigan intestacy laws will apply. This means that your mother, if married to your father at his time of death, will receive most of the assets of the estate. More information and facts would need... View More
My fathers accounts businesses were not jointly owned. No will has been done. He had no will
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answered on Oct 10, 2023
In Michigan, if someone dies without a will (known as dying "intestate"), the state's intestacy laws determine how the deceased's assets are distributed. Since the accounts and businesses were solely in your father's name, they become part of his probate estate. Generally,... View More
Father had 3 businesses a house on land. Bank accounts only in his name. She is not legally doing what she is suppose to do. She is selling estate assets. Below cost or giving away . Has already done a quick deed to her son my half brother for the house. 4 dependents of my dads have gotten... View More
answered on Oct 10, 2023
I assume this woman was legally married to your father. In that case, she is entitled to the spousal elective share. I say that simply to say that the formula for that, in most cases, means that the spouse receives all or the majority of any probate estate.
As the personal representative,... View More
Father had 3 businesses a house on land. Bank accounts only in his name. She is not legally doing what she is suppose to do. She is selling estate assets. Below cost or giving away . Has already done a quick deed to her son my half brother for the house. 4 dependents of my dads have gotten... View More
answered on Oct 10, 2023
You should probably consider filing an injunction to prevent the administrator from dissipating assets. If necessary to prevent irreparable harm, injury, or damage, you could file an emergency petition to get into court more quickly. It is likely in your best interest to hire your own legal counsel... View More
When probate is not an issue, and there are only two heirs, one being the executor, how long should I be expected to wait for an accounting and distribution of the will ?
answered on Sep 1, 2023
In Michigan, as in many jurisdictions, there are specific procedures and rights associated with wills and their distribution:
Probate: When a will is submitted to the probate court for administration, it becomes a public record. This means any interested party, including heirs and... View More
When probate is not an issue, and there are only two heirs, one being the executor, how long should I be expected to wait for an accounting and distribution of the will ?
answered on Aug 29, 2023
First question to ascertain is whether there even needs to be a probate estate opened. Many people die with wills but otherwise have all their assets either owned jointly or with beneficiary designations that control the distribution of assets over anything in the will.
A common example... View More
There was a plot of land that my grandfather transferred to me through a quitclaim deed many years ago. Regarding current situations I am looking to sell the property, However, in the quitclaim deed, it says that the transferability only extends to heirs at law. However it also says that it can be... View More
answered on Aug 24, 2023
The term "heirs at law" is defined by MCL 700.2720 as those persons who would be entitled to a decedent's property if that person died without a will.
A deed does not have to expressly grant water or mineral rights. You did not state that the grantor reserved mineral... View More
There was a plot of land that my grandfather transferred to me through a quitclaim deed many years ago. Regarding current situations I am looking to sell the property, However, in the quitclaim deed, it says that the transferability only extends to heirs at law. However it also says that it can be... View More
answered on Aug 24, 2023
The restrictive language you mentioned in the deed may not be enforceable under Michigan law under Michigan Land Title Standard 9.1. I suggest you contact a title company to obtain a title commitment for the property. The title commitment will tell you what steps you may need to take (if any)... View More
I'm her only child and she's not married. The only thing she has left is some clothes and a few nick nacks. I intend to donate most of it to good will. How do I go about being named executor? Since she had nothing why would I want to be named executor? She was married for a long time to a... View More
answered on Aug 21, 2023
You say she didn't have anything but then add she has a 10,000 (plus judgment interest?) debt owed to her. Therefore she DOES have something to probate: her interest in that judgment.
The question becomes is it worth it to begin probate for the POSSIBILITY of recovering 10k? The... View More
I'm her only child and she's not married. The only thing she has left is some clothes and a few nick nacks. I intend to donate most of it to good will. How do I go about being named executor? Since she had nothing why would I want to be named executor? She was married for a long time to a... View More
answered on Sep 1, 2023
I'm sorry for your loss. When a person dies intestate (without a will) in Michigan, the process to administer the estate can be more involved. Here's a general overview regarding becoming the personal representative (often referred to as the "executor" in other states) of... View More
My father created two Florida wills in 2020 and 2021 after his wife of 36 years died in 2019. Both had trusts that were similarly worded to provide for five children. The wills gave everything to a woman Dad met six weeks after my step-mother died. We lost a challenge to the Florida Will. It is... View More
answered on Aug 20, 2023
I’m sorry to hear of your loss.
The question you ask Hans no clear answer but the analysis starts with a smoke question: Was there anything IN the trust? If the valid will was NOT a ‘pour-over Will’ and there was nothing in the trust then the trust is of no consequence.... View More
My father created two Florida wills in 2020 and 2021 after his wife of 36 years died in 2019. Both had trusts that were similarly worded to provide for five children. The wills gave everything to a woman Dad met six weeks after my step-mother died. We lost a challenge to the Florida Will. It is... View More
answered on Sep 1, 2023
The interplay between a revocable trust and a will, especially when they originate from different states and different years, can be complex. The general principles that might apply to a 2007 Michigan Revocable Trust and a 2021 Florida Will are as follows:
Purpose and Content: The first... View More
answered on Sep 1, 2023
Dissolving a trust after the death of the grantors involves several steps:
Review the Trust: Begin by reading the trust document. It will provide instructions on distribution and conditions for dissolving the trust.
Gather Assets: Inventory and appraise trust assets.
Pay... View More
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answered on Aug 18, 2023
Depending on the circumstances, there might be specific grounds for dissolution outlined in the trust document, or it may require the agreement of all beneficiaries. If all beneficiaries are in agreement, the process can be more straightforward. However, if the trust document does not provide for... View More
I'm his daughter his benifituary the nursing home is sueing me for the bill and trying to take his house that he left me I am on the deed what do I do the nursing home already file a summons
answered on Aug 17, 2023
You need to be in touch with an elder law attorney asap. First, that person will need to help you figure out if you are being sued individually or in the capacity of the estate representative. If they are trying to take the house, I imagine you are involved in your capacity as the estate... View More
My stepson, 28, married someone, 48. He was recently killed. The wife will not tell my husband anything about the funeral.
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answered on Aug 11, 2023
In most cases, the legal right to make decisions about funeral arrangements lies with the deceased person's next of kin. However, laws can vary by state and circumstance, and it's important to consult with a legal professional to get accurate advice based on your specific situation.... View More
Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents.
Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust... View More
answered on Sep 1, 2023
In Michigan, as in many jurisdictions, the following general principles apply:
Qualification as Trustee: An adult, regardless of whether they're receiving Social Security Disability (SSD) benefits, can generally serve as a trustee unless there's a specific legal reason... View More
Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents.
Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust... View More
answered on Aug 7, 2023
The brother isn't 'disqualified' from being a trustee because of his status on Social Security Disability for a physical condition, but some federal benefits (specifically SSI which it sounds like may not be involved here, but I'd want to be extra sure!) may be impacted by his... View More
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