Without further facts it is impossible to say what is appropriate at this point, but what can be said is you've got to act quickly, and it may already be too late for some courses of action (there is a 'six months from discovery' statute of limitations for some actions).

The... View More

The 'hard time' is not surprising since you don't own the house you're trying to 'refinance'. Yes, you need to reopen the probate in order to have authority to record a deed from the estate to the heirs.

Whether or not YOU have a will is not relevant, and this... View More

91 days after appointment of the personal representative.

"Within 91 days of the date of the letters of authority, the personal

representative must submit to the court the information necessary for computation of the

probate inventory fee. The inventory fee must be... View More

There's several options. You could do a petition and order for assignment, using SCAO form pc556. Or you could file an application for informal probate and appointment of a personal representative, using form pc558. Or you could file a petition for formal probate and appointment of a personal... View More

In short, yes. The persons entitled to an estate can all agree in writing to change the distribution of the estate, so it passes other than as would be dictated by a will or the laws of intestate succession. They can also renounce their right to be appointed personal representative, and nominate... View More

#1: It shouldn't be necessary to open a full-fledged probate estate. First, widow could try using SCAO form pc598, Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent (see MCL 700.3983). That might work if stock company will accept it. Or, if stock company... View More

So you’re saying you don’t think there is a certificate of title saying your mother owned the trailer. Or, she leased it and didn’t own it.

If that is truly the case, then the trailer didn’t legally belong to your mother. It would not be property of her estate, but the estate could... View More

Yes. Even if mom’s will says the house is supposed to go to husband and brother, assuming she’s mentally competent she can still sell it to you and husband. If she does, then the house would no longer be part of her estate; instead her right to receive land contract payments as land contract... View More

No, the attorney doesn't necessarily have a duty to call you back. Under the trust code, a trustee has a duty to send certain information to qualified trust beneficiaries. That sounds like what you received with the accounting. If you are a qualified beneficiary of the trust, you also have a... View More

Generally, a divorce in Michigan isn't legally final until a judgment of divorce has been entered. But, Michigan law creates an exception to this in the Estates and Protected Individuals Code: a "surviving spouse" does not include someone who, for 1 year or more before the other... View More

You're talking about a subject that can be criminal or civil. For criminal charges, you'd need to present the facts to the prosecutor's office (typically done through the filing of a police report); the prosecutor decides whether to pursue charges - you cannot compel them to... View More

It depends on whether the prior probate was informal or formal.

If the probate was informal, then there hasn't been a judicial finding about whether the person had a will - the facts in the application for informal probate were presumed to be true. If you come forward with the... View More

So it sounds like you found the hand-written 2015 will? If so, the will may have legal effect, since holographic wills can be enforced in Michigan. The decision whether to open probate depends on the assets of the estate, and the purposes that would be served by having a personal representative... View More

Assuming you were in informal probate, assuming you have letters of authority that are unrestricted as to your powers, and assuming you're the heir/devisee who is entitled to inherit the house, then you could sign a personal representative's deed conveying the house from the estate to... View More

The bank is right. To give you information, the bank has the right to require you to show proper authority over the account. But you may not need to open an estate to get the money transferred if the account is worth $23,000 or less. You could try to use an Affidavit of Decedent's Successor... View More

It sounds like your sister has been appointed personal representative of the estate. Whether your sister can sell the house depends on how the house was owned by you and your deceased mother, whether it was joint tenants with right of survivorship, or whether it was tenants in common. If it was... View More

Under Michigan’s Estates and Protected Individuals Code, a child is also defined as someone with whom the parent had an openly acknowledged parent-child relationship which continued until death of the parent. The 3rd wouldn’t necessarily have to have a DNA test or birth certificate to prove she... View More

Direct communication is best. But first, review any engagement agreement you or your father signed with the lawyer. Depending on what exactly was to happen, your father's passing may have frustrated the process. Most lawyers want to be fair.

Yes, the cost would first depend on the area where the Probate case needs to be filed (ie Detroit or Grand Rapids, versus a smaller city). Typically, attorneys in larger cities charge more, and attorneys in more remote, smaller cities charge less. Second it would depend how complicated the case is,... View More

You're posting a question in an area for Michigan probate questions. If the house and other property are in Tennessee, you need to talk to a Tennessee lawyer. If some of the property is in Michigan, then you could possibly open a probate estate here, if necessary. There isn't enough... View More