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Michigan Probate Questions & Answers
1 Answer | Asked in Probate for Michigan on
Q: Father died intestate and didn't own his home.

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 »

Brent T. Geers
Brent T. Geers answered on Jul 19, 2021

If it's just you two, and you two agree, I don't see a judge standing in the way of your agreement.

1 Answer | Asked in Landlord - Tenant and Probate for Michigan on
Q: Tenant died, had year lease, 9 mo remaining, the case is in probate, is estate liable for remaining rent?
Kenneth V Zichi
Kenneth V Zichi answered on Jul 5, 2021

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...
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1 Answer | Asked in Probate for Michigan on
Q: Will a notice of disallowance claim be a cause for a notice of continued administration?

Does a notice of continued administration have to last one calender year or can an estate be closed before then?

Kenneth V Zichi
Kenneth V Zichi answered on Jun 29, 2021

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...
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1 Answer | Asked in Probate for Michigan on
Q: Caregiver, man set up $ security w accountant n brother, passed day before meeting w brother

Estate closed, how can caregiver get what he set up for her???

Kenneth V Zichi
Kenneth V Zichi answered on Jun 13, 2021

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...
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1 Answer | Asked in Probate for Michigan on
Q: My father in law passed and his son is filing a probate caveat. What is it? How long will it tie up probate?

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 »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 2, 2021

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...
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1 Answer | Asked in Probate for Michigan on
Q: My relative passed away in January of 2020. I talked with my (PR) He said that probate cases are usually closed on the

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 »

Kenneth V Zichi
Kenneth V Zichi answered on May 31, 2021

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...
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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Dad passed. Dad and his wife quit claimed deed their home to children. Deed is recorded. Can she change deed?
Brent T. Geers
Brent T. Geers answered on May 24, 2021

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...
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1 Answer | Asked in Probate for Michigan on
Q: Is it possible to ask the probate judge for interpretation of a court order? In other words, to clarify an order?

The judge issued an order and opinion on our case in regards to who is responsible for real estate expenses. Can we ask for clarification on what costs are considered expenses.

Brent T. Geers
Brent T. Geers answered on May 12, 2021

Yes. It's generally titled a petition for instruction. And you'd want to detail exactly what expenses you are questioning. Just note, though, that judges typically imply the ordinary meaning to terms unless expressed otherwise in their original order. In most probate estate situations,... Read more »

1 Answer | Asked in Probate for Michigan on
Q: My dad died in January he is survived by me and his current wife she won’t let me get some of his things is that legal?

She broke up my parents marriage and a lot of that was his/ my moms ( she died In August) before they were married

Brent T. Geers
Brent T. Geers answered on May 7, 2021

My condolences. I assume you are you dad's child? Did anyone ever probate your mom's estate? And was your dad and mom divorced at the time of her death? If your dad and mom were divorced when she died, then all of her stuff should have gone to you. If they were still married - even if... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Michigian I'm one of 2 trustee of moms estate she's in a home. I took possession of my late fathers cars.

Is this ok?

Michael Zamzow
Michael Zamzow answered on May 3, 2021

Possession/safekeeping is maybe fine. But there is no simple answer with the information provided, you might need to ask again, or contact an attorney directly.

Generally, when there are two trustee's there is a 'decision tree' and process to follow, second your mother's...
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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: My father died a couple of years ago and I am skeptical about the will. How can I obtain a copy?

He made very good money and spoke with me about his will and how things were to be divided. My step mother claims he left us nothing. He lived in Arkansas.

Brent T. Geers
Brent T. Geers answered on Apr 29, 2021

Each state is different, but your best bet would be to contact the probate court in the county he lived in to see if they have a will on file.

Just be advised that most states' laws would allow for the majority of a person's estate to go to the spouse regardless of what a will...
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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Hello! I am filing probate form PC 574 Notice To Creditors. I was wondering how do I fill out the bottom of the form?

The court was kind enough to name the publication - Oakland County Legal News. So far I have "Publish one time in 1.Oakland County Legal News in 2.Oakland County. Furnish #3 ??? copies to #4 ???. Furnish affidavit of publication to the probate court with copy to #5 ???. Forward statement for... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 26, 2021

You should contact the probate court to determine which publication is used in your area. You should then send that form to that publication (some probate courts will do it for you).

1 Answer | Asked in Probate for Michigan on
Q: Do minor children and their father have any say in selling the home the children lived in with their deceased mother?

My boyfriend’s ex wife died and he has 2 daughters with her, she also has an older son from a previous marriage. Do the daughters and their father have any say in what happens to the home she owned. There was no will and the estate is going to probate.

Kenneth V Zichi
Kenneth V Zichi answered on Apr 23, 2021

The (minor?) daughters do but especially if there are minors it gets complicated. As the surviving parent, their father may help them, but HE has no interest in the estate or say over things in his own right.

I’d urge him to consult with a local probate attorney to review all the facts...
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2 Answers | Asked in Probate for Michigan on
Q: If my dad dies, and he owned a house, how would things be settled between my siblings without going to probate??

He died intestate, except for a video that made my sister the executor of his estate. She wants to keep the house in his name, so as to "not rock the boat".

Brent T. Geers
Brent T. Geers answered on Apr 23, 2021

It can't. Whether it's now or 20 years down the road when one or all of you want to sell the house, a probate estate will need to be opened to transfer the house.

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Michigan on
Q: If my father died with no will and there are two total children, can I finance his mortgage debt and get the house?

My father recently died and had his previous wills canceled for religious reasons but never redid them. When I went to the bank to inform them that he was deceased, they noticed that I was the beneficiary of the accounts and said that I could finance his balance due for 44K or put a full estate... Read more »

Michael Zamzow
Michael Zamzow answered on Apr 21, 2021

Generally the assets of a decedent must be filed and managed through probate, and it would not likely be permissible to buy the house without probate. Without a will there are statutory rules regarding allocation. This is a situation where you should speak with an attorney to avoid unintentionally... Read more »

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Stepson named his mom beneficiary of life ins many years ago, Got married 6 years ago but were together 17

Does his wife have any claim to the insurance?

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

Doubtful. Insurance is a contract. If his mom is beneficiary, that's to whom the money will go. Possible exception may be a cash value policy paid into during the legal marriage (not total time together).

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1 Answer | Asked in Probate for Michigan on
Q: Parent has 2 children, 1 child then parent dies, remaining child inherit 100 or 50 split with deceased child's children
Brent T. Geers
Brent T. Geers answered on Apr 9, 2021

50 percent, with the other 50% being split among the deceased child's children equally. This is called a per stirpes distribution.

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: My dad passed away - does his will die with him and everything is inherited by my mom?

My brother has a power of attorney - it's long and lenghty

Brent T. Geers
Brent T. Geers answered on Apr 7, 2021

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 »

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: I am the policy holder on medical insurance and my wife passed early Feb 2021. Am I responsible for paying her copay?

Our deductible is 1500 max per family/year 750 per person/year. So hospital bill says she owes 750.00. Am I obligated to pay this 750 for her?

Kenneth V Zichi
Kenneth V Zichi answered on Apr 6, 2021

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 »

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3 Answers | Asked in Estate Planning and Probate for Michigan on
Q: in the state of michigan . when a parent dies without a will and his wife is incompitent . what are the childs rights

my father died with no will . his wife is incapable of making her own decisions , is it legal for HER daughter to take control of my fathers assests and cut me off completely?

Michael Zamzow
Michael Zamzow answered on Apr 5, 2021

You'll want to contact an estate planning attorney directly, preferably in the county your father passed away in.

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