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 »
Close Estate Administration & Terminate Personal Representative Authority. I do not understand this language. Please advise. Thank you. I will see and talk with a lawyer later this week, but am confused. I am settling my husband's estate; but my husband's daughter is my problem. I... Read more »
If you have a lawyer, he will be in a much better position to answer this. The point of the letter from the court is that the appointed personal representative has NOT got everything under control and has failed to complete the probate appropriately. Whether or not that will cause YOU an issue is... Read more »
In October 2018 mom then changed all assets into her name. Is that will from 2010 still valid. Am I still the executor since step dad passed away, and Mom converted everything to her ownership. My stepdad did disinherit his natural children and it was stated in the will. He named myself the oldest... Read more »
The will is valid. The question is whether there is any property owned by your deceased stepdad that requires probating. If all your stepdad's property was jointly owned with your mom with survivorship rights, then the property would pass to your mom automatically and the will may not need to... Read more »
disinherited from a legal will in Michigan, the will was just mailed out... There is a lawsuit filled against the hospital and was wondering if I can collect from that.
To the extent the ESTATE has a lawsuit, if you are validly excluded from the will, you too have no claim. If YOU personally also have a cause of action that may not be the case. To know for sure however, it would require an actual consultation with a local attorney to review all the facts and... Read more »
His owned paid for condo in Chicago IL and all personal property is left to me his only son in his will. Can my uncle who is listed as estate conservator in will only sell his condo simply because he is in a nursing home? Leaving nothing behind to inherit? Being heir can I stop his actions legally?
Your uncle cannot sell the condo, and neither can you, without either a power of attorney from your father or court-ordered conservatorship over your father. Being named as executor in a will is not sufficient authority while your father is alive.
That said, it sounds like the issue... Read more »
My mother in law had a 50K life insurance police she passed in November and my father-in-law was the beneficiary. He died 43 days later before the policy paid out (check just came) does the money go into probate or go to the children?
The money belongs to your father in law's estate. How the money goes from there depends on whether he had a will or other estate planning done, or if he died intestate. For further information, consult with a probate attorney in your area.
We had a lawyer try and do a small estate as the estate value was less than the $22000 allowed in Michigan but it was denied, Would that be because my brother is also on the deed it has to go to probate?
Possibly. When real estate is involved, it will either need to be probated or dealt with using a petition and order for assignment. The procedure used by your lawyer may not have been the correct one to use. But to be sure, you should get a consult with a probate attorney in your area who can... Read more »
He has 1 sister and 1 brother. They want me to be executor as I have experience (I’ve done this before). Sister does not agree with them and does not want me to do it. If the 2 brothers agree and sister does not, what do we do?
The 2 brothers who do agree should sign renunciations of their right to seek appointment of personal representative, and in the renunciations they have the right to nominate you instead. You would file an application or petition to be appointed personal representative, with notice to all interested... Read more »
The inheritance is coming from a Canadian bank and in the amount of $5000 CA. They will not release the funds until they have conservatorship papers. What forms do I need to fill out?
You asked this elsewhere, but let me reiterate:
1) if your current bank won't work with you, go to a different one!
2) GENERALLY speaking, there are exceptions to conservatorship for assets worth less than US$5000 which this is.
3) Similarly a trust or some other... Read more »
My daughter has an inheritance named to her from my Mother. It is coming from a Canadian bank in the amount of $5000 CA.
The bank won’t release the funds to my daughter until I gain conservatorship for her bank account. What forms do I need to fill out to do this in Wayne County?
A court appointed conservatorship is a lot of effort for CAD$5,000. I would work with the bank to see if there is another option and point out that you are the child's parent. An easier option might be something like a UTMA.
My father recently passed away and was a sole owner of a LLC. He was paying a supplier 400 USD a month to settle a debt. Can the supplier go after the benefits my mother is owed from his life insurance policy? She was not listed as an owner or investor in the LLC. Thanks for your help
No. A creditor of the LLC or of your father has no standing to go after proceeds of a life insurance policy. The creditor's remedy, if the creditor has one, is to file a claim against the LLC. If your father personally guaranteed the debt or was found personally liable to the creditor in an... Read more »
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