No will. My mother is deceased. She has been remarried for 9 years, her spouse is a Texas resident. She had a home in Michigan for 22 years
The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive... Read more »
answered on Sep 30, 2022
With land in MI, her Heirs take, which will be her issue surviving and her surviving Spouse, all as Tenants In Common. Hire a MI attorney to search the Title, determine Heirs and record an Affidavit of Heirship, unless there is a Probate. The former will be the Heirs' recorded source of title.
I have asked to see them but they have refused to show the documents to me
answered on Sep 30, 2022
Your brother and sister have no obligation to share your mother's power of attorney or your mother's trust with you in a strict legal sense. If your mother is living, then it is likely the trust is revocable and she is the only present beneficiary of the trust, and no one else is entitled... Read more »
The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive the home according to probate in Michigan. Trying to sell currently over 100,000. Can her spouse sign a quit claim deed to a certain person?
answered on Sep 27, 2022
According to Michigan’s rules of intestate succession (when someone dies without a will), as of 2021, the surviving spouse inherits the first $243,000 plus 3/4th of the value of the remaining assets. In short, assuming the market value of the house is $243,000 or less, the house solely belongs to... Read more »
My brother was in a terrible motorcycle accident and is currently on a ventilator. He has never been married and has no children and lives byhimself. My sister is trying to get legal guardianship without the consent of myself and my other brother. How can I handle this?
answered on Sep 27, 2022
Hi. It looks like you’re in Virginia so the law may differ from Michigan’s where I practice. However, generally, consent is not required from all interested parties. Yet, as an interested party, you do have the legal right to object to your sister’s appointment as guardian if you believe she... Read more »
My mother is 97yo. She has no property that she owns and no car. She is in hospice and close to death. Her assets include only 3 POD CDs, a checking account (current values < $50,000 for monthly recurring bills; one credit card with a balance of < $100; a Savings account of just over $1,000;... Read more »
answered on Sep 22, 2022
Short answer is no. If she has no assets to be probated , and no will to be admitted, there’s no need to open an probate estate in the court. Absent opening an estate in probate court, there’s no legal requirement to publish notice to creditors as they can only file claims against probate assets.
After Proof of Service for Informal probate has been mailed. Can you hire a different lawyer instead. Nothing filed yet.
After Proof of Service for Informal probate and appointment of PR, notice intent request informal appt PR were mailed out. 14 days is not here yet, nothing filed yet. Can... Read more »
answered on Sep 20, 2022
Your 'next steps' probably depend on the retainer agreement you signed.
Yes, you CAN always change lawyers, but bear in mind:
1) You're complaining about a (less than) one week delay in mailing paperwork,
2) Nothing CAN be done during that 14 day waiting... Read more »
After Proof of Service for Informal probate and appointment of PR, notice intent request informal appt PR were mailed out. 14 days is not here yet, nothing filed yet. Can you hire a different attorney instead? If so, does another notice need to be filed again, waiting another 14 days? No... Read more »
answered on Sep 19, 2022
If the reason to look for a different attorney is dissatisfaction with the timeline so far, I think your concern may be a bit unfounded at this point. It is not unusual for notices to go out, and then proof of service of those notices to be sent to the court later. 14 days is 14 days, but you also... Read more »
The estate has been completed and payments given to everyone. His original taxes for 2022 have been filed and are kept with the rest of his records in a safe. Do I legally have to give her a copy?
answered on Sep 7, 2022
Most likely yes. You have a duty to act in the best interests of the estate and heirs and devisees. You also have a duty to provide reasonable information about the estate and estate property to the heirs and devisees of the estate, especially information pertaining to the financial condition of... Read more »
daughter are on warranty deed in MI. No mention of survivorship on warranty deed. Does Mom's portion need probate still? Mom's spouse willing to sign Quit Claim deed to daughter on the said deed. If probate needed, can you file in TX & MI, can spouse still sign Quit Claim to... Read more »
answered on Aug 31, 2022
Based on the information given in your question, it sounds as if the deed to mom and daughter conveyed the property to them as tenants in common. If this is the case, then some type of Michigan probate procedure will need to be used to transfer mom's interest. Your best bet is to contact a... Read more »
Probate court is currently open, which doc would we need to send to the deeds office?
answered on Aug 29, 2022
Real estate and probate matters very frequently intersect. You need to first confirm that you have authority from the court to transfer or convey real estate out of an estate. If you do, then the personal representative has authority to create a deed during the pendency of a probate estate... Read more »
Michigan law
answered on Aug 25, 2022
If I’m understanding your question, you would like to know what responsibility the attorney who drafted the will has after the death of the testator. Generally, the answer is none. The proximity of death to the execution of the will may or may not be relevant, but it is not absolute. The drafting... Read more »
I was 2 years old when I was injured and traumatized by an event that shaped my life. He is a religious man with millions and now that he is in his last years and he continues to deny his responsibility and is punishing me for not following his faith by leaving me out of his will. Can I sue him for... Read more »
answered on Aug 5, 2022
A Michigan attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You could reach out to attorneys to discuss, but keep in mind that law firms that handle injury cases might not consider something like this on a contingency basis. There is also the... Read more »
My brother has recently passed away he never put the deed in his name so is it part of his estate or would it be my mother's estate?
answered on Aug 1, 2022
It's unclear from the question whether your brother was a remainderman on a lady bird deed (he only became owner when your mother passed) or whether your brother was a joint tenant with your mother, who had right of survivorship. Either way, if your brother survived your mother, the house... Read more »
Waiting on beneficiaries to collect items left to them in the will but don't want to hold them forever.
answered on Jul 29, 2022
There is no "right" answer. Assuming the personal representative has notified the beneficiaries, it may be reasonable to assume the beneficiaries do not want the items. No one is required to take anything. If these are personal property items, most wills would allow for the PR to... Read more »
The law office that took care of my father’s will will not provide a copy of any of the children listed. He said I needed to contact the lawyer of the co-representative of the estate that had nothing to do with drawing it up
answered on Jul 27, 2022
The directions given to you by the drafting attorney are correct. When an attorney drafts estate plan documents for a client, the attorney owes the client the duty of confidentiality, even after death. After a client's death, the only person who can waive confidentiality for the client is the... Read more »
I have a probate issue that I have to appear in court for at the end of the month. I was appointed as the administrator of my mom's estate and i didn't handle every aspect properly. I'm not sure of what to expect when I appear in court for this matter.
answered on Jul 20, 2022
It all depends on what you didn’t do.
Your BEST option will be to hire a local probate attorney to help you complete everything. That attorney can look at all the facts and help you understand and ideally also ‘fix’ the problems.
Will I need to file income tax on his SS and pension earnings or will this be taken care of in Probate? Thank you.
answered on Jul 8, 2022
Most probate attorneys do not include tax compliance as part of the engagement, but some do. The bottom line is you should discuss this with your probate attorney so that you have clarity regarding who is going to take care of that.
When he took out the loan we were told they didn’t process it right an d we had to get the title. This loan person was not nice told us we had to car DMV in Ohio to get it. I refused it was 4 months of driving without plates. She finally got the title and gave it to him we transfered it and now... Read more »
answered on Jun 21, 2022
If the vehicle is titled in Ohio, I recommend that you hold out for an answer from an attorney in Ohio. I am not, so I am going to give a brief answer based on Michigan law.
I do not see a reason to agree to have a lien evidenced on the title. However, if the vehicle is titled to your... Read more »
answered on Jun 2, 2022
Do these items have significant value or will they be an issue in how the estate is divided?
At most ‘misc. personal/household goods’ is probably fine but … there are probably lots of other pitfalls that you’re not considering.
I’d strongly recommend you consult with a... Read more »
answered on Jun 2, 2022
Probate courts has subject matter jurisdiction over name changes.
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