My family has lived in, and cared for, my wife's father's home for four years. We planned on making an offer to buy it several years from now, however her entire immediate family has come down with covid and things are not looking good. After a little digging, we found that this property... Read more »
The ‘order of inheritance’ is spelled out in
http://legislature.mi.gov/doc.aspx?mcl-700-2102.
The bottom line is that if it is in the name of someone no longer alive, probate should have been started but if it isn’t the priority to begin probate lies with a surviving spouse... Read more »
Provided there or no other heirs or outstanding creditors (related to unpaid debts that your mother had), you can file an Application for Probate. Upon appointment as the Personal Representative of her estate, you may execute a Fiduciary Deed conveying the property to yourself. If there are other... Read more »
My father passed away but before he did, he place the survivors of his family to be the inherited. This includes 401K, IRAs, bank accts, and two houses located in Florida and Michigan. My mother and I are wanting to pull the houses out of the trust so that we can have her sons on both titles of... Read more »
The question doesn't quite make clear what all is going on. If the houses were in the father's trust, and then he passed away, his trustee is in charge of the house and must do with it what the trust says. Unless your mother is the trustee, she would have no authority to do anything with... Read more »
https://www.michigan.gov/sos/0,4670,7-127-1633_8723_8751-169289--,00.html
Will have the information you want about the donors and expenditures but as who who 'endorsed' a specific candidate, you'll have to look at the local level for each.
This is not going to be an... Read more »
I was informed by physician at Mama's rehab center to get full guardian/conservatory petitions. After a lot of work and headache, I have both petitions. The problems have not been reduced. An inventory form is due within 56 days. I am on 30 days. Where do I go for help now? Eldercare and... Read more »
Absolutely yes, you need to hire a Wayne County attorney to help.
You should have done that from the start, but it is never too late.
Look here for someone with offices in Wayne County who is familiar with that court's requirements
as they are generally NOT the same... Read more »
Depends. Depends on how comfortable you are completing court forms, researching, and complying with court timelines. Court staff are not allowed to give legal advice, so you would need to do your own due diligence and trust yourself.
The FIRST step is to determine if Probate is even necessary.
IF the deceased person had no assets in his or her name ALONE and there was no beneficiary named on assets that can be so titled (Bank accounts, insurances etc.) THEN probate may be needed.
The NEXT step would be to... Read more »
We live in Michigan, and my wifes father who lives in Arizona recently passed away. He was living with a domestic partner but they were never legally married. And all that we know of is that the house was recently transferred into the partners name but nothing else was, (to our knowledge)... Read more »
Each state’s laws are subtly different. You need the advice of an Arizona lawyer to determine what you can expect and what you must do.
You may or may not need to travel to AZ but you WILL need local help there to insure you proceed properly.
— This answer is offered for... Read more »
I KEEP GETTING THE PETITION REJECTED BECAUSE OF SECTION 4 OF THE PETITION. AM I TO LIST ALL HEIRS OR ONLY MINORS? I INITIALLY SUBMITTED THE PETITION WITH MINORS ONLY AND IT WAS REJECTED, SUBMITTED A SECOND TIME WITH ALL HEIRS AND WAS REJECTED. THE CORRESPONDENCE FROM THE COURT STATED SECTION 4 WAS... Read more »
Minors — by definition — have a ‘legal disability’ and cannot represent themselves: only legal competent adults or emancipated minors can.
I think you will find the process will go a lot smoother if you hire a local probate attorney to represent you. I’m quite sure if this has... Read more »
Leaving me and my 2 sons out of the what will states. More. 2 1/2 yrs. Had an attorney for 2 yrs, got all discovery, to then in 5 minutes got taken away because attorney wasn't filing subpoenas with court. Tried representing self,for now I'm in debt with fees. Between estate lawyer and... Read more »
It sounds like you already had an attorney that you fired/didn't pay? Without seeing ALL the paperwork and doing the research on this long case, it is impossible to provide any real guidance. I would suggest either going back to the attorney you had, or if you believe he did something improper... Read more »
Dad deceased 05/01/2021; he did a Will in 2004 naming his 4 children as beneficiaries; upon the wife selling the home his last wishes were to give each one of us (his 4 children) $20,000. But after selling the home she only gave 2 of the children $20, 000 and did not give the other two children... Read more »
This is a very fact-dependent situation. If your dad and his wife owned the house as joint tenants, then it's sale is not subject to the terms of the will. Once your dad passed, the house became his wife's by operation of law, for her to do with as she pleases. She effectively made gifts... Read more »
In Michigan, I am the executor of my daughters will. Her assets all have beneficiaries named except a car worth around $15,000. (no spouse, 2 minor children) Her house had a transfer on death designation. Do I need to "file" the will in court and do I need to probate it? Also, do I need... Read more »
First of all, you aren't an executor until the Court appoints you as executor. Until then you're the NOMINATED executor. That difference is important and keep that in mind. You don't HAVE to do anything, but there are minor children involved so it is important that they be taken care... Read more »
The one stock was split from another stock and my mother did not have time to assign a TOD beneficiary. I have 2 brothers and we have agreed to sell the stock and have the proceeds deposited into my mother's checking account in which we are all equal beneficiaries. What is the easiest way to... Read more »
An asset of that value probably cannot be assigned without probate absent pre-planning no matter how you 'agree' upon things. HOWEVER the 'formal probate process' is not as daunting as you might have been lead to believe ...
There are many who try to scare people about... Read more »
My father died intestate and wasn't a wealthy man. There are two beneficiaries. The other beneficiary and I agree, for now, that it is OK if I finance the amount due on the home and become the homeowner. I know that on paper this isn't a fair trade for inheritance, but if we agree on all... Read more »
If it's just you two, and you two agree, I don't see a judge standing in the way of your agreement.
The short answer is 'probably not' You have an obligation to mitigate damages or in some cases the lease is voidable upon death.
Seek local legal counsel to get specifics after reviewing the lease document, and CERTAINLY you have an obligation to mitigate damages so get the place... Read more »
Does a notice of continued administration have to last one calender year or can an estate be closed before then?
An estate can be closed sooner than one year but the administration must be COMPLETE before closing.
If the PR files a disallowance early that might not matter but if it is filed late in the year that may mean the estate cannot be closed without an extension.
Trying to do any of... Read more »
Estate closed, how can caregiver get what he set up for her???
It is unclear what you are asking, but if the estate has been closed without the caregiver making a claim, the recourse may be gone.
If there was some sort of security that WAS set up, there may be options, but the only way to know for sure is to meet with a local attorney and review all... Read more »
My wife is named (not yet appointed executor) and her fathers belongings are tying up a fair amount of space in our home. We want probate to just be over with, and don't want it to take forever. We think he wants to contest the will or the appointment of my wife as executor. How long can he... Read more »
A 'Probate Caveat' is not a term used in Michigan law. It is more typically used in the UK, but I imagine that there may be a state or two where that is done also.
Michigan takes a different approach, and people who wish to prevent probating either a specific document or having a... Read more »
One year anniversary. My question would be is the one year anniversary on the date filed? Disposition date? Inventory action date? Acceptance of appointment date? When I asked him these questions he danced around the questions and said the cases was going well. Any answer to my question would be... Read more »
It is one year from the date of appointment, but that is a 'loose' standard. There are reasons it may be extended, and in the interim you should have received paperwork such as the inventory and notices, etc.
If you're not comfortable with what has happened, I'd urge you... Read more »
A lawyer would need to see the actual recorded deed because the way you phrase the question leads to two possible answers:
-if mom and dad quit claimed the house to the children, then NO, mom can't change the deed because the house isn't hers anymore (dad passing, then, has... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
