He has made a full recovery. My question is, Can we get out from under the Court Directed Probate System. It's making simple family business difficult. Are there any steps or procedures I can take to relinquish their control?
Thank You in advance.
Any interested person (including you, or your father) can petition the Probate Court to modify or terminate the conservatorship or guardianship, on account of changed circumstances and that the continued guardianship/conservatorship is no longer necessary for your father's protection. More... Read more »
Church nor lawyer came to inventory after either patent death. Have text of communication. I am disabled heir who cared for mother never received final month pay either. People who did the dumpstering never saw paperwork. Mentally unstable over this i had things boxed was working with them then no... Read more »
There are certain requirements a landlord must follow before eviction, including serving the tenant with a notice to quit, and then filing an eviction suit and getting a writ of eviction. It sounds like this process may not have been followed in your case. It would be best for you to consult with a... Read more »
I have been waiting a YEAR now for opposing counsel to respond to my attorney's requests and demands. My attorney is horrible about keeping me informed or returning calls/emails. I need to know if this is normal or if I should seek a different attorney to handle this. I feel like she... Read more »
Unless there is an active court case, timeframes are moving targets. What are you requesting? I think it's reasonable to assume that opposing counsel is not going to respond. The questions you should be asking your attorney is what the next step is, and is it worth it (financially) to proceed.
Would they be included in the FMV of her home or do I have to list them separately? We plan on including them when we sell the home.
Usually, when a house is sold appliances are listed separately as personal property, and they are transferred using a bill of sale or an assignment of property. This is in contrast to the real estate, which is transferred using a deed. Your settlement statement at the closing should include values... Read more »
Most of her furniture was gifted to her, would the fair market value be different than looking them up in a department store?
Fair market value would be the sale price that you could get by selling the same items to a third party in an arm's length sale. For example, on Craigslist, Facebook marketplace, garage sale, yard sale, etc. OR, you could also think of it as the price you would have to pay to buy an equivalent... Read more »
Should I modify the guardianship and seek guardianship and conservatorship on my father . The conservatorship case closed.
You need to get a consult with an experienced probate attorney for these matters. There is a ton of additional information that needs to be discussed and considered, before anyone can give you an answer to your question. Call a probate attorney in your area, and set up a consult.
Can I have power of Attorney over my parent if someone else has guardianship over him
No, you cannot have power of attorney over your father if he has a guardian. He has a guardian because he doesn't have the capacity to handle his own affairs, and thus he can no longer has capacity to appoint you as his power of attorney.
The alternative is that you could ask the... Read more »
My sister is in the hospital, for kidney disease and another life-threatening illness. She will remain there for another 7 weeks, after which she is expected to get a kidney transplant. She is mentally competent--understands what the doctors tell her, has normal conversations with us and can... Read more »
The short answer to your first questions is yes, if she is mentally competent she can sign powers of attorney no matter what the state of her physical health is.
The much better answer to all these questions is she should not be making these decisions without the involvement of a local... Read more »
The deceased partner owned the home. The surviving partner provided almost all of the furnishings. The personal representative for the estate needs to provide inventory for probate. Do heirs have a claim on the survivor's personal property? How do you prove who owned what? There are some... Read more »
First question to ask is whether this is an issue. In other words, is the personal representative contesting the surviving partner's claim in the property? If not, then there's not much of an issue; the court is not interested in sifting through items of personal property. If there is an... Read more »
Are there certain time limits that affect when I am able to request certain accounting records?
Beneficiary of what document? Will? Trust? Bank Account?
If the former two, you have the right to request that of the Trustee/Personal Representative
If the later, you should be dealing directly with the bank, and you don't need an 'accounting' so much as you need to... Read more »
I have been given Letters of Administration for my mother's estate in Florida. She has a safe box located in Michigan. In order to access the box, the bank said these Letters of Administration need to be stamped and filed in in the county it is located or Letters of Authority need to be given... Read more »
There is a SCAO form that you can access that you would need to complete and file with the probate court.
My mom named me her agent on a durable POA for all real and tangible personal property and highlighted at the end that it went into effect immediately (Dec '13) and was to "CONTINUE UNTIL REVOKED" - in all caps . Mom got her wings last April. After I refused to sign a letter of... Read more »
A durable power of attorney terminates upon death of the principal. Once your mother died, you had no power under the POA. If you believe someone forged a document submitted to the probate court, you should contact the court.
Unfortunately, the executor(my grandmother) of a college fund left to us by our great grandmother is estranged to my siblings and I due to my parents' divorce and our choice to be with my mother for 100% custody after a 50/50 arrangement for 3 years when I was in middle school. 2 years ago,... Read more »
Since there is no 'one repository' of 529 plans you won't find 'one place' to look for the information you seek other than your relative who has the information.
Short of that (and mending fences with family is RARELY a bad idea for non-legal reasons -- so DO... Read more »
What do I do for visitation asking for a time to si down and go over times is always brushed off. I'm done asking her I want my visits
What does the Order granting guardianship say about visitation/parenting time?
Is it at the discretion of the parties? If so then you need to petition the Court that granted the guardianship to allow for parenting time/visitation if your mother won't cooperate.
If the order... Read more »
I believe she took advantage when he was ill. He's 84 and in poor health. My sister does not live with him. What are my options? Thanks.
You could file for guardianship/conservatorship over your father. Then, if the court believes your father is in need of legal protection and the past conveyance was not in your father's best interest because of duress or undue influence, the court could set aside the transfer. To do any of... Read more »
My husband's uncle passed away with no will, no spouse and no children. He is proceeded in death my his parents and one brother. How I read the law is that the inheritance goes to the 2 surviving siblings and the children of the deceased brother. Am I reading that correctly.
That is probably correct but there is a lot more to it than that and the probate process is very technical.
I’d urge you to consult with a local probate attorney to insure you follow the process properly and avoid problems.
— this is offered for information only and does not... Read more »
Inheritance. I live in Michigan and my mom gave us all our inheritance just of her personal belongings before she died. My mom is not deceased. What can I do to get my stuff back
So what you're saying is, your mom gifted the property to you. The property became yours upon completion of the gift, ie when it was delivered to you. Now, your sister is detaining the property against your rights and not allowing you to have it.
You could sue your sister for claim... Read more »
My mom was going through court with her dead husband's kids so to protect this house she added my brother to the deed because I live in another state. Now he is fighting me even though he know what my mom wanted and won't split the profit from the sale. Do I have a case?
I'm sorry to hear of you loss and I'm even sorrier you mom did not seek legal help before placing your brother's name on the deed.
Unfortunately, what your mom "wanted" is not as important as what she did legally. LEGALLY, it appears, she put your brother's... Read more »
Trusts are generally private documents that do not require public filing like a will or disclosure in probate. A will may reference a trust and disclose its existence. You may also search public records for property that is commonly put in a trust, like a home, that would require a deed listing... Read more »
Just some guidance what to do next
A person in possession of a deceased person's will has a legal duty to forward the will to the Probate Court in the county where the deceased person last lived. You could check with the Probate Court and see if a will is on file. Also, if you are a designated beneficiary under a trust, you... Read more »
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