Lawyers, Answer Questions  & Get Points Log In
Michigan Probate Questions & Answers
1 Answer | Asked in Probate for Michigan on
Q: Can I rent out a house going through probate court in Michigan

My uncle passed away and I plan on buying the house once it is finished going through probate. Is it legal for me to live in it and pay rent until I officially buy the house after probate it done

Trent Harris
Trent Harris answered on Nov 7, 2019

The plan you propose could be done. But you should enter a written lease with the personal representative of the estate so you can live there. During probate, you could attempt to obtain a mortgage loan so you can buy the house from your uncle's estate, or you could enter a land contract to buy.... Read more »

1 Answer | Asked in Juvenile Law and Probate for Michigan on
Q: Im 18 and on probation in Michigan and I’m dating a 16 year old girl. Is this illegal?
Trent Harris
Trent Harris answered on Nov 5, 2019

It depends on what you are on probation for. If you were convicted of a sex offense, contact with minors might violate a condition of your parole. If you were convicted of something other than a sex offense, then mere "dating" is generally not illegal. But a physical relationship could be, if... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: How long can my children and I continue To live my grandmothers home when no will or trust was filed?

My kids and I moved in with my grandmother 4 years ago so she could stay at home instead of a nursing home. We split expenses I was her 24/7 caregiver and companion. Grandma told our family she wanted me to have the house But she passed but died before she could make a will.

its only been... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 19, 2019

If none of your grandma's heirs at law complain, you are not at any immediate risk of being ejected. Her heirs at law are most likely her living children plus the children of any deceased children, so unless your parent that was your grandma's child is deceased, you are not an heir at law.... Read more »

1 Answer | Asked in Probate for Michigan on
Q: Can I become representative over my kids estate? How can I be over my kids trust funds

My kids dad died and we was not married my kids is listed as his beneficiary but his dad got representative over my kids estate and won’t give me any information about amounts he also over they trust funds. I haven’t been notified by probate court or I never receive the letter that they granted... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

it sounds like the children’s father had a trust or will that named someone else to manage the children’s inheritance. It would be very difficult to change that. You would have to prove that the person he named is not qualified or unsuitable and even if you succeeded it would go to the named... Read more »

2 Answers | Asked in Probate for Michigan on
Q: What Paper work is needed in Michigan to claim funds in an account under intestacy?

My son passed away, there is no will and no estate other than this one account valued at $4000. He was not married and has no kids. I would like to close out the account that does not have any beneficiaries listed on and transfer the money to me to cover funeral costs.

Trent Harris
Trent Harris answered on Oct 7, 2019

The SCAO form "Affidavit of Decedent's Successor for Delivery of Certain Assets" may be what you're looking for.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on information you get from internet...
Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: is there a time limit between TOD and the passing of the owner?

If the TOD was signed seven days prior to the account owner passing, would there be reason for dispute?

Trent Harris
Trent Harris answered on Sep 26, 2019

If you mean "can a Transfer On Death designation (TOD) on a bank account or brokerage account expire due to the passage of time after it is signed?", then

the answer is no.

As always, you get what you pay for. Be sure to consult with a qualified estate planning attorney in your...
Read more »

4 Answers | Asked in Probate for Michigan on
Q: Live in Genesee count Michigan father in-law just passed away. Family business to be divided in half but have several

Texts over a 8 month period that shows it is not how the deceased person wanted it. Also have several witnesses to state the same. How hard to fight this?

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

Text messages do not satisfy the requirements for making a will but sometimes they can satisfy the requirements for making a contract. Have a local probate attorney review all of the facts and explain your options to you.

View More Answers

2 Answers | Asked in Civil Rights, Estate Planning, Elder Law and Probate for Michigan on
Q: My husbands dad passed away last year. His wife their step mom has the house. A niece came into the picture and took poa

They moved her to Mississippi. Now the niece is refusing to let my husband and his brother into the house to get their dads personal stuff. She even sent a detailed email stating we could go in. Then called and retracted the email verbally. What are the rights of my husband and his brother. If any,

Gary Kollin
Gary Kollin answered on Sep 20, 2019

No attorney can opine without reviewing the will

View More Answers

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: My Mother Died in May 9th and my Step-father Died in September 14th before finishing/starting her estate.

Now step-dad's biological child(one of the two he has) is saying us step-kids get nothing because 100% of moms estate goes to spouse(step-dad) and now we are not entitled to his estate as step-children. Is this true? It seems like my moms estate should be settled first which we are heirs of, then... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 19, 2019

It sounds like your mom and step-dad had none of their own children. In other words, she had her children (you and your full siblings) and he had his children (the step-children in relation to you). And your mom did not have a will.

In that case, under Michigan law your step-dad should...
Read more »

View More Answers

2 Answers | Asked in Probate and Estate Planning for Michigan on
Q: My husband passed away and he was the conservator on my sons settlement. My son is now 18 how does he get his money
Trent Harris
Trent Harris answered on Sep 18, 2019

Your son could try contacting the banks, brokerage companies, etc where his accounts were held. To find out, he could look through your deceased husband's records, and could also examine the probate court conservatorship file. Perhaps the locations of the accounts were identified on one of the... Read more »

View More Answers

2 Answers | Asked in Probate for Michigan on
Q: My father passed but did not have a will. I am an only child and he was not married, just a longtime girlfriend.

Aside from the institutions he had active accounts with, I do not know of any other resources I need to be aware of. How can I find out who else I need to speak with?

Trent Harris
Trent Harris answered on Sep 18, 2019

You can go through his papers and personal effects, if you have access to them, in order to try to identify other assets he may have had. You could also find out if he had a power of attorney, or some other person who was helping him with his bills, etc. Depending on the value of all the assets,... Read more »

View More Answers

3 Answers | Asked in Probate for Michigan on
Q: Probate question....Michigan

My Mom cosigned on my house right before passing away almost 4 years ago. No probate was opened, as all of her accounts were payable upon death, or had beneficiaries assigned. She had cosigned on my house, but we were not aware that the property would not automatically transfer to me upon her... Read more »

Trent Harris
Trent Harris answered on Sep 17, 2019

You could do a petition and order for assignment with the Probate Court in the county in which your mother resided as of the date of her death. Or, you could file an application for informal probate and appointment of a personal representative, so the personal representative can sign a deed... Read more »

View More Answers

2 Answers | Asked in Probate for Michigan on
Q: Sis-executor, 2 bro beneficiary s and me youngest bene. we had realtor put house for sale. 2 weeks later , bro took sign

Down ,$40,000 of inheritence put in. without out me on board said his worker moving . To rent but guess has 16 mon to get loan. I still haven't read agreement,and my bro paid her rent for ,16 month. Up front ..what's that about. I don't trust these ,my executor left him in charge now of house I... Read more »

Trent Harris
Trent Harris answered on Sep 14, 2019

Your best bet would be to call a qualified probate attorney in the area where your parents last lived before they passed. Pay for a consult. The background provided here is difficult to decipher and it's difficult to give advice given this limited information.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Can I claim Unclaimed "properties" as a grandchild if the legal representative (executor/administrator) can't be reached

According to the State my deceased grandmother has unclaimed "property" and the then executor/administrator has not been able to be reached after about a year of attempts. I'm guessing the "property" is nearing the time the state can claim it and take it (I'd hate to see it go to them). I don't... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 10, 2019

Heirs can submit claims, but it gets harder with more documentation needed the further along the 'chain' you go. The EASY way is for the PR to make the claim for the estate, but that would also probably require reopening the estate.

If you can't find the PR any more or they have become...
Read more »

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: A non-attorney in my neighborhood has been advertising her services to draft estate documents

She's offering what I believe to be legal advice. I specifically asked her if she was a lawyer and she said no, and is offering what I believe to be legal advice. Should she be drafting estate documents as a non-lawyer? In her exact words she "has been producing wills, powers of attorney,... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 14, 2019

Contact the State Bar of Michigan at (517) 346-6300.

View More Answers

2 Answers | Asked in Probate for Michigan on
Q: Found a typed will in my stepdads belongings, he signed but there are no witness signatures. Is it legal?

My stepdad, passed away a few months ago. Recently we were cleaning out his rental when we came across a typed “will and testament” that he signed and dated. It names an executer and beneficiaries, but doesn’t have witness signatures. Is it legal?

Andrew M Steiger
Andrew M Steiger answered on Aug 12, 2019

It is possible to probate a will in Michigan that does not comply with the minimum will standards, including the witness signatures, if you can establish by clear and convincing evidence that the decedent intended the document to be his will.

View More Answers

3 Answers | Asked in Probate for Michigan on
Q: My great uncle passed away with no will. His house and account will be split among his surviving nieces and nephews.

What's the split in Michigan if 3 of the nieces and nephews are deceased with surviving children

Trent Harris
Trent Harris answered on Aug 7, 2019

"The split" going to each heir depends on how many nieces and nephews there were total, and how many living nieces and nephews there were at your great uncle's death. It also depends on how many living children of nieces and nephews were alive at your great uncle's death. The rules that apply are... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Michigan on
Q: My mother passed away with no will. As her daughter, am I now responsible for her mobile home?

It is located in a seasonal campground where she paid a monthly lot rent. The trailer was never registered in her name, but she signed a lease in 2012. The owner is taking me to small claims court for the rent and cleanup fees. She says my mother added my name to the rental agreement, but I've... Read more »

Trent Harris
Trent Harris answered on Jul 26, 2019

No, you shouldn't be responsible for your mother's debts because you are her heir. And if you didn't sign a lease and never occupied the property, then you shouldn't be responsible for the lease either. If you paid rent for a while, that doesn't necessarily mean you became obligated to continue... Read more »

2 Answers | Asked in Probate for Michigan on
Q: How can I see if my parents left a will and if me and my sister are a part of it What information will I need and

Where would I go to find that out I’m in the state of Michigan

Andrew M Steiger
Andrew M Steiger answered on Jul 15, 2019

There are a few options that may work. Often times a child of a deceased parent will have to go through the parent’s records and files at the parent’s home to find the will. Another option may be a safety deposit box at the parent’s bank. The existence of a safety deposit box may be found... Read more »

View More Answers

2 Answers | Asked in Probate for Michigan on
Q: Father died in 2008. Lawyer brother handled probate in 2009. Did not notify siblings. Do we have recourse?

Mother died in 2016. Dad’s probate was revealed in 2018 in handling mom’s estate. Judge did not catch/stop our brother’s dishonesty. What can we do?

Kenneth V Zichi
Kenneth V Zichi answered on Jun 28, 2019

Without further facts it is impossible to say what is appropriate at this point, but what can be said is you've got to act quickly, and it may already be too late for some courses of action (there is a 'six months from discovery' statute of limitations for some actions).

The facts needed...
Read more »

View More Answers

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.