Get free answers to your Probate legal questions from lawyers in your area.
If in fact we can't find the will, is the surviving spouse entitled to all the deceased spouses assets even if there are surviving children?
answered on Dec 2, 2019
An interested person, such as a child or other family member of your father, can file an application or a petition with the probate court to open an estate and be appointed personal representative ("PR") of your father's estate. However your father's widow would have first... View More 
My uncle passed away and I plan on buying the house once it is finished going through probate. Is it legal for me to live in it and pay rent until I officially buy the house after probate it done
answered on Nov 7, 2019
The plan you propose could be done. But you should enter a written lease with the personal representative of the estate so you can live there. During probate, you could attempt to obtain a mortgage loan so you can buy the house from your uncle's estate, or you could enter a land contract to... View More
answered on Nov 5, 2019
It depends on what you are on probation for. If you were convicted of a sex offense, contact with minors might violate a condition of your parole. If you were convicted of something other than a sex offense, then mere "dating" is generally not illegal. But a physical relationship could... View More
My kids and I moved in with my grandmother 4 years ago so she could stay at home instead of a nursing home. We split expenses I was her 24/7 caregiver and companion. Grandma told our family she wanted me to have the house But she passed but died before she could make a will.
its only been... View More
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answered on Oct 19, 2019
If none of your grandma's heirs at law complain, you are not at any immediate risk of being ejected. Her heirs at law are most likely her living children plus the children of any deceased children, so unless your parent that was your grandma's child is deceased, you are not an heir at... View More
My kids dad died and we was not married my kids is listed as his beneficiary but his dad got representative over my kids estate and won’t give me any information about amounts he also over they trust funds. I haven’t been notified by probate court or I never receive the letter that they granted... View More
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answered on Oct 12, 2019
it sounds like the children’s father had a trust or will that named someone else to manage the children’s inheritance. It would be very difficult to change that. You would have to prove that the person he named is not qualified or unsuitable and even if you succeeded it would go to the named... View More
My son passed away, there is no will and no estate other than this one account valued at $4000. He was not married and has no kids. I would like to close out the account that does not have any beneficiaries listed on and transfer the money to me to cover funeral costs.
answered on Oct 7, 2019
The SCAO form "Affidavit of Decedent's Successor for Delivery of Certain Assets" may be what you're looking for.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on information you get... View More
If the TOD was signed seven days prior to the account owner passing, would there be reason for dispute?
answered on Sep 26, 2019
If you mean "can a Transfer On Death designation (TOD) on a bank account or brokerage account expire due to the passage of time after it is signed?", then
the answer is no.
As always, you get what you pay for. Be sure to consult with a qualified estate planning attorney... View More
Texts over a 8 month period that shows it is not how the deceased person wanted it. Also have several witnesses to state the same. How hard to fight this?
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answered on Sep 21, 2019
Text messages do not satisfy the requirements for making a will but sometimes they can satisfy the requirements for making a contract. Have a local probate attorney review all of the facts and explain your options to you.
They moved her to Mississippi. Now the niece is refusing to let my husband and his brother into the house to get their dads personal stuff. She even sent a detailed email stating we could go in. Then called and retracted the email verbally. What are the rights of my husband and his brother. If any,
Now step-dad's biological child(one of the two he has) is saying us step-kids get nothing because 100% of moms estate goes to spouse(step-dad) and now we are not entitled to his estate as step-children. Is this true? It seems like my moms estate should be settled first which we are heirs of,... View More
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answered on Sep 19, 2019
It sounds like your mom and step-dad had none of their own children. In other words, she had her children (you and your full siblings) and he had his children (the step-children in relation to you). And your mom did not have a will.
In that case, under Michigan law your step-dad should... View More
answered on Sep 18, 2019
Your son could try contacting the banks, brokerage companies, etc where his accounts were held. To find out, he could look through your deceased husband's records, and could also examine the probate court conservatorship file. Perhaps the locations of the accounts were identified on one of the... View More
Aside from the institutions he had active accounts with, I do not know of any other resources I need to be aware of. How can I find out who else I need to speak with?
answered on Sep 18, 2019
You can go through his papers and personal effects, if you have access to them, in order to try to identify other assets he may have had. You could also find out if he had a power of attorney, or some other person who was helping him with his bills, etc. Depending on the value of all the assets,... View More
My Mom cosigned on my house right before passing away almost 4 years ago. No probate was opened, as all of her accounts were payable upon death, or had beneficiaries assigned. She had cosigned on my house, but we were not aware that the property would not automatically transfer to me upon her... View More
answered on Sep 17, 2019
You could do a petition and order for assignment with the Probate Court in the county in which your mother resided as of the date of her death. Or, you could file an application for informal probate and appointment of a personal representative, so the personal representative can sign a deed... View More
Down ,$40,000 of inheritence put in. without out me on board said his worker moving . To rent but guess has 16 mon to get loan. I still haven't read agreement,and my bro paid her rent for ,16 month. Up front ..what's that about. I don't trust these ,my executor left him in charge... View More
answered on Sep 14, 2019
Your best bet would be to call a qualified probate attorney in the area where your parents last lived before they passed. Pay for a consult. The background provided here is difficult to decipher and it's difficult to give advice given this limited information.
According to the State my deceased grandmother has unclaimed "property" and the then executor/administrator has not been able to be reached after about a year of attempts. I'm guessing the "property" is nearing the time the state can claim it and take it (I'd hate to... View More
answered on Sep 10, 2019
Heirs can submit claims, but it gets harder with more documentation needed the further along the 'chain' you go. The EASY way is for the PR to make the claim for the estate, but that would also probably require reopening the estate.
If you can't find the PR any more or they... View More
She's offering what I believe to be legal advice. I specifically asked her if she was a lawyer and she said no, and is offering what I believe to be legal advice. Should she be drafting estate documents as a non-lawyer? In her exact words she "has been producing wills, powers of... View More
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answered on Aug 14, 2019
Contact the State Bar of Michigan at (517) 346-6300.
My stepdad, passed away a few months ago. Recently we were cleaning out his rental when we came across a typed “will and testament” that he signed and dated. It names an executer and beneficiaries, but doesn’t have witness signatures. Is it legal?
answered on Aug 12, 2019
It is possible to probate a will in Michigan that does not comply with the minimum will standards, including the witness signatures, if you can establish by clear and convincing evidence that the decedent intended the document to be his will.
What's the split in Michigan if 3 of the nieces and nephews are deceased with surviving children
answered on Aug 7, 2019
"The split" going to each heir depends on how many nieces and nephews there were total, and how many living nieces and nephews there were at your great uncle's death. It also depends on how many living children of nieces and nephews were alive at your great uncle's death. The... View More
It is located in a seasonal campground where she paid a monthly lot rent. The trailer was never registered in her name, but she signed a lease in 2012. The owner is taking me to small claims court for the rent and cleanup fees. She says my mother added my name to the rental agreement, but I've... View More
answered on Jul 26, 2019
No, you shouldn't be responsible for your mother's debts because you are her heir. And if you didn't sign a lease and never occupied the property, then you shouldn't be responsible for the lease either. If you paid rent for a while, that doesn't necessarily mean you became... View More
Where would I go to find that out I’m in the state of Michigan
answered on Jul 15, 2019
There are a few options that may work. Often times a child of a deceased parent will have to go through the parent’s records and files at the parent’s home to find the will. Another option may be a safety deposit box at the parent’s bank. The existence of a safety deposit box may be found... View More
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