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Family who are all out of state are trying to find a probate attorney in MI. and some are asking for SS#s, others aren't. Any explanation would be helpful. Thank you!
answered on Mar 8, 2021
Licensed attorneys?
There is no court reason for this but it might be required when property is transferred. This is not something I routinely ask when opening an estate.
—This answer is provided for information only and does not constitute legal advice or create an... View More 
We've been married almost a year. He had a will before we married.
answered on Mar 3, 2021
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.
answered on Mar 3, 2021
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... View 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.
answered on Feb 28, 2021
If someone does not have capacity to make a will, they cannot make a will. No one else can do it for them at that point.
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?
answered on Feb 25, 2021
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... View More
My uncle lived and died in Michigan and his will is going through probate. The personal representative's
attorney sent me the will. I believe it is fake and believe there is undue influence . What do I do next?
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answered on Feb 16, 2021
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.
Waterford Michigan
answered on Feb 15, 2021
‘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... View 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... View More
answered on Feb 10, 2021
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... View 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)
answered on Feb 9, 2021
I'm sorry to hear of your loss. The short answer to your question is 'yes'. You will also need a death certificate however.
If the bank doesn't 'recognize' this, you may need an attorney to help move that forward, but it should be fairly inexpensive to do that.... View More
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
answered on Feb 9, 2021
Ex-wife? No. A divorce severs that legal relationship. Even if she were to find that will and enter it into probate, it can be easily challenged with the judgment of divorce.
he has been divorced for over 20 years we cant find the recent will she wants to take everything from his kids
answered on Feb 9, 2021
In Michigan, statutory law provides that a divorce revokes any disposition of property made to a former spouse in a will (MCL §700.2807). However, the statutory provision only affects property given to the former spouse in the will -- it doesn't impact beneficiary designations or joint... View More
She died 12/31/2020. She was well when she wrote her will herself. Years later she became ill and had severe tremors. Her signature became unrecognizable. Will the descendants named in the will have a problem proving the will is hers so we can obtain deed to house she gave us in will?
answered on Feb 7, 2021
I’m sorry to hear of your loss.
The handwriting is not the major hurdle—but the content and form of the will is. I’d urge you to consult with a local attorney who can review the ‘will’ ASAP to see if it really does qualify as a will and will be enforceable.
If there were... View More
Getting deed in one of our names? We have lived in the home for years taking care of mom until she recently died without a will. We want to pay the mortgage and continue to live in the house. What do we need to do?
answered on Feb 7, 2021
I’m sorry to hear of your loss. Assuming there is no surviving spouse the children are first in line after the creditors.
That means the mortgage needs to be addressed but intestacy law (the ‘will’ the State has written for people who don’t write their own will) means you... View More
The parents are not together, homeschooling was previously agreed upon in cour documents, however, now there is no schedule for homeschooling, the books are grade behind and/or missing, there is no set curiculem. Days are missed to accommodate custodial/step parents schedule. The child would like... View More
answered on Feb 6, 2021
The order CAN be enforced.
To do this 'right' you need to have the order changed, and from your description there is ample reason to ask for that, and if true, the Court would most likely agree and allow the modification.
DO NOT try to do this alone however, as the... View More
is it legal for him to be taking ownership yet? what are my rights? how do i get an attorney for this matter? how do you proceed to probate?
answered on Feb 2, 2021
If your brother was the joint tenant of the house with your father, he acquired sole title upon your father's death and would be within his rights to exclude others. However, if your father was the sole owner of the house, and died intestate (meaning without a will), then his children,... View More
but now he has passed . i have the title and the keys . can i go to his wife and demand she give me the vehicle ?
answered on Jan 27, 2021
I'm sorry to hear of your loss.
"Demand" is perhaps the wrong word to use to set the tone of what you want to accomplish, however. "Ask" is a better way to go.
Yes, if your dad provided you with the signed transfer of title and keys to the car, it SOUNDS... View More
am listed as living daughter. Everything going through probate. Told me there is Exempt Property Allowance that I would be entitled in Michigan half of $15,000. He doesn’t think I am entitled because my “father” never had a relationship with me. He also says that if I take this money I will... View More
answered on Jan 26, 2021
You don’t pay taxes on a small inheritance. Have you seen the will with your own eyes? Sounds like he is trying to pull the wool over your eyes.
Stuff was in those storage unit's and my aunt offered to get my stuff for me. My sister however refuses to let me aunt into these units and is basically holding my stuff hostage. These units have to cleared by the end of this month. If I go and get my stuff myself is that illegal?
answered on Jan 24, 2021
It is hard to say without more information.
Whose name are those storage units in? You Mom's? Yours? Your sister's?
What documentation do you have that the stuff is 'yours'? Receipts? It is your clothing and not hers, etc?
Why do they 'have'... View More
there was no will and she is not allowing me access to his home . she is not forthcoming with any of his financial things or anything to do with him what are my rights?
answered on Jan 21, 2021
These situations are always emotionally tough. But legally, yes: whomever you are legally married to when you die stands to receive the lion's share of any estate. She would also have priority for appointment as personal representative. She would be obligated to share the inventory with you... View More
There was no will and my fathers spouse lives in the house with all his stuff.
answered on Jan 17, 2021
Can she? Most likely, yes. And that will somewhat depend on if probate is necessary. Will she? That's a conversation best had with her.
The death of a loved one, and more specifically, the disposition of their estate, tends to either build or divide families. If you have a good... View More
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