Actually, quite the opposite is true: his will is now the controlling document; the power of attorney is no longer effective. You would need to see the will to see what it says about distribution. Most of the time, the will express everything go to the surviving spouse. Even if the will says...Read more »
I'm sorry to hear of your loss. Your wife's ESTATE is responsible for the medical bills she incurred, but unless you've signed something that would say otherwise YOU are not. This has several different ways it could play out, but you'd be well advised to seek the advice of a...Read more »
Generally, a personal representative in Michigan, has a fiduciary duty to the beneficiaries. The personal representative must assess the fair market value of assets, distribute the assets and pay debts of the estate, and then file taxes. And the personal representatives might be mismanaging the...Read more »
This question cannot be answered without a thorough review of all of the relevant facts and the probate case file. This is a question that you should ask the attorney representing you in the probate case.
Mom has manufactured home in a park owes about 8,000 on it and the value is about 45,000. The car is worth just about what she owes 19,000 with no co-signer. Her bank account is joint with one of my siblings. She has no other debt. From what we have read there would be no probate. We can... Read more »
Presumably, all interested persons - including heirs - were notified and had an opportunity to be heard before entry of the order. The heir would now need to rely of the court rules to determine whether an opportunity to appeal exists. If not, the court's order stands.
You're on the right path although there is likely an easier method to use, depending on the facts of your case. If everything has been done, "closing" happens with the filing of the right paperwork and / or a hearing. What you have filed would require a hearing, but in many cases,...Read more »
I would check to see if the sale has been completed. Any number of things can fall through or otherwise delay closing. You should receive your portion after the final inventory and accounting has been concluded.
As the legal spouse, you may claim what's called your spousal elective share, or take what's provided to you in the will (which appears to be nothing since it predates your marriage). You may also be entitled to homestead and family allowance; and of course anything jointly owned would go to you.
The short answer: you'll want to speak with an estate planning attorney.
If you want to disclaim whatever rights you might have to your brother's estate, you'll need to take some affirmative steps. If you want to exclude your sister in law from your estate you might need to...Read more »
He actually changed the will about a month ago. My mother insisted on separate trust because she does not trust him to do the right thing. Could you please tell me how he legally did this. Thank you for your help in this matter.
The person who died without a will, so I was told, was the mother and guardian of one of a sibling. The other sibling is now the guardian and wants to continue renting the deceased property to the first. Isn't that dealing to themselves?
There is nothing that 'jumps up and down' and screams this is inappropriate in the facts you present, BUT the individual needs to have some authority to do this, be that as a court appointed Personal Representative or as the new owner under some other mechanism like a Ladybird or Quit...Read more »
You can hire a Michigan will contest attorney to help you challenge the will. Understand, however, that you will need to produce evidence of forgery or undue influence. Your mere belief will not carry the day. A will contest attorney can explain this to you in more detail.
‘Amend’ in what way? Letters of authority in probate cases are usually unlimited. Do you want to extend them in time? Change agents? It depends on the reasons and circumstances. I’d strongly urge you to consult with a local attorney ASAP to flesh out the details to determine what you can and...Read more »
My dad left his house to my sister and i, but gave his girlfriend (who has her own apartment) life estate rights to the house as long as she pays for all taxes, insurance, utilities and must keep up on maintenance. If she doesn't, she loses life estate. The will hasn't even gone to... Read more »
This is a more complex situation that your should definitely consult a probate attorney about. If the deed granting the girlfriend a life estate is recorded, that would control her interest in the property subject to its terms regardless of what the will says. And so, yes, she may live there now...Read more »
Mother passed away without a will and no real property (Michigan). Can I use a transfer of property affidavit to get the money in her bank account to pay for part of the funeral expenses? (It is only around $2,100)
his will is not where he said it was , his ex wife from 20 yrs or more wants to use the will he made when they were married to take everything from her kids that there father is leaving them can she do that . he does a brother an 3 kids alive
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