Get free answers to your Probate legal questions from lawyers in your area.
answered on Jan 10, 2021
You should begin 'as soon as possible' but if you don't act within a reasonable amount of time, the creditors may file instead, but the FIRST question you must consider is whether or not a probate petition is even necessary.
There is no 'one size fits all' estate... View More 
She had my mom sign numerous checks with loan in the memo line. Over 125k. I do not believe my mom was aware of her balances. She died from Parkinson’s. My sister and I inherited the house. The only way to recover the money would be from her 1/2 of the house. A case has not been opened in... View More
answered on Dec 28, 2020
I am sorry to hear of your situation. If there was no 'estate' because all the property passed outside of probate, there is nothing to make a claim against in Probate Court.
How did the house pass? Jointly with your sister as Tenants in Common? If that is the case you may be able... View More
answered on Dec 21, 2020
Probation is something that's part of a criminal sentence. If you want your son to have a criminal record, you can make a police report. Then the police and prosecutor can find a way to charge him. It could also get you a visit from Child Protective Services. Those things may not work out so... View More
beneficiary. I am now told the trustee can actually keep all of the assests. Do I have recourse?
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answered on Dec 17, 2020
You should hire a Michigan trust administration attorney to help you sort this out. At the very least, the attorney can write a letter to the trustee demanding a copy of the trust and an accounting. Do not delay. If you wait too long you may lose your rights as a legal matter due to the passage... View More
Im the only child
answered on Dec 16, 2020
Yes, you will need to get an order from the probate court. That could be in the form of a petition and order for assignment, or by opening probate and having a personal representative appointed who can do the transfer. For assistance, you should call and hire a probate attorney to help you with the... View More
Her. My lawyer says she’s entitled to my brothers portion. Gave my lawyer an address I found on line which was out of state and that was 5 years ago. My brother has been gone for 10 years. Her portion is sitting in my bank in an account by itself. Nothing is happening. What I am asking is is... View More
answered on Dec 1, 2020
You need to get with a new probate attorney. There are several factors in play here: presumptively, the estate is no longer open; was the daughter provided notice?; was this woman determined to be an heir?...too much to go into on a forum
My elderly father's wife suffers from addiction (refuses treatment) and abuses him. I have proof. He would not technically be considered a vulnerable adult but one could argue he is as he allows it to continue. She needs a guardian and court-mandated treatment. I cannot allow this to continue... View More
answered on Nov 18, 2020
I think you should reconsider giving Adult Protective Services a call first. If you filed for guardianship - skipping that reporting step as you say - you'll find that before the court appoints a guardian, there will be someone appointed - a GAL - to investigate and make a report and... View More
My house is somehow in her trust I am going to lose everything
answered on Nov 17, 2020
It is hard to tell what is really going on here. If you are living in a house that is owned by the trust, then you could face eviction if the trust does not allow you to live there and the trustee believes it is in the best interest of all concerned to sell the house. If you a beneficiary of the... View More
Trust was made in 2006. My father passed in 2017 and my mother is still alive. I understand that the house is now owned by the trust. But after my mother passes and I put the house in my name will the taxes on the house go up or will I pay the rate at which my parents were paying.
Not... View More
answered on Nov 16, 2020
Assuming you are the beneficiary or contingent beneficiary of the trust taxes will not necessarily be uncapped.
Beginning in 2015, a distribution of residential real property from a trust to a distributee who is settlor or the settlor’s son or daughter, (among other relations) AND if... View More
My mother and father were married and had 4 kids together but when my father passed there was no will so does the estate go to his immediate family that he widowed or do the other kids have a share aswell?
answered on Nov 4, 2020
Your father's wife (your mother) would be entitled to the bulk of your father's estate through the spousal election. Beyond that, children are treated pretty equally regardless whether they are children of the surviving spouse, adopted, or half-blood. And so, yes, potentially your... View More
I'm 38 his friend that was the cosigner on his house passed july 2020. Can me and my adult sibling sue her estate for back child support Michigan since after he died it went to her they weren't married
answered on Oct 29, 2020
This is really not a real estate matter, but more or less a divorce or family law matter.
She died with no will, hence probate court. She had no kids and her husband died 4 years before her, she has no siblings.
We are in Michigan. Everything was sold and put into "Estate of" bank account. When this is closed, which is in next couple weeks, do we pay taxes on the money... View More
answered on Oct 21, 2020
Probably not, but without a FULL understanding of things it is impossible to say FOR SURE.
There may be an estate tax return required, or maybe not,
There may be capital gains taxes due, or maybe not.
It is unlikely that YOU will be charged taxes, but if things 'pass... View More
My ex wife recently passed away completely unexpectedly with no will. She was not married, we live in Michigan and we have 3 minor children that we shared custody of (her only heirs and family in the United States). She has a home in our preferred school district that is currently just sitting... View More
answered on Oct 7, 2020
You quite likely could do that, and yes, it would require a probate proceeding.
My sister, and my Mom's brother, truly believe my Mom was coerced because we knew her, and too many things went against her known wishes. Still is. He is easily a multi millionaire, and my Mother told my sister and I repeatedly what she wanted us to have. Most pre-him coming into our lives.... View More
answered on Oct 5, 2020
Possibly, but it's a longshot. You would need to establish the wrongdoing, which won't be easy. To compound the problem, even if you successfully challenge the validity of the trust, negating the terms of the trust, your mom was still married to this man and he would then be eligible to... View More
Our 30 year old daughter passed last year suddenly, no will, now my ex got a lawyer and is suing the hospital etc. for wrongful death, medical malpractice and other damages. I was sent forms to sign that I agree with her and fully cooperate with their legal services, which I don’t agree! My... View More
answered on Sep 29, 2020
Interesting. Wrongful death and medical malpractice claims are complex enough that you would be well advised to discuss this letter with an attorney before signing it. Your ex can, quite likely, proceed without your signature or cooperation.
My grandmother passed away, her 2 children don't want her house, they're letting HUD take it. I want to buy it, but they keep saying no they just want HUD to take it. How can I become an heir or get authorized to buy it so HUD's management company will discuss buying her house with... View More
answered on Sep 17, 2020
Has someone begun the probate process? You may have priority to do so if the ones 'ahead of you in line' don't, which it sounds as though may be the case. Did your grandmother leave a will? Are you listed in that will? What is the status of the house? Why does HUD have an interest?... View More
My grandmother recently passed and I received a copy of her will as her son, my father passed before her. I am mentioned as an heir. What are my rights? This case is out of Michigan.
answered on Sep 12, 2020
You would stand to receive whatever the will would have left to your father, unless you have siblings...in which case you would split whatever your father would have received.
My father died two weeks ago. My parents were divorced 8 years ago and the house was supposed to be split but my father would reside there (as stated in the divorce order). Well, the house was never sold or mortgaged so my mom was never given her half. Her name is still on the deed of the house.... View More
answered on Sep 8, 2020
'Self help' like breaking in and changing the locks is NEVER a good idea.
Here's a brief and incomplete checklist.
0) Get yourself real legal representation, go over these steps and modify them based on the more complete information your new attorney will have.... View More
Am I able to assume her Mortgage and keep making the payments or am I required to sell the home and land. I want to keep the property and can make the payments. But I don't know how the process goes and am feeling overwhelmed.
answered on Sep 1, 2020
You can keep the property and continue making payments. Federal law, 12 USC 1701, invalidates a due-on-sale clause in this instance. You may want to confirm this with the lender because, although I believe this law to be applicable, there may be facts of which I am not aware.
My grandfather has Alzheimer’s. My aunt is POA and the only living child of his. Can she start giving away personal items in the home such as family momentos, clothes, furniture, tools, etc before selling his home to move him? What about holding a living estate sale?
answered on Aug 20, 2020
Generally yes, the POA would allow her to sell property. There is no requirement that it be done through an estate sale, but any proceeds would need to be kept or used for your grandfather's benefit.
While an estate sale is possible, most estate sale companies charge a portion of the... View More
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