You will need to open a probate estate in the state and county where the person passed away or where he or she owned property.

Presumably, the insurance company may be asking the other children to sign a release so they waive any claims to the proceeds, so the insurance company can pay you. But without seeing the releases your siblings are being asked to sign, there's no way to know. Best thing to do would be to seek... View More

It depends on how the property was held. If the property was held in joint tenancy with right of survivorship, then the property should pass to the surviving owner by operation of law, no probate necessary. But if it was held in tenancy in common, then the deceased owner's share would go to... View More

Maybe. It depends on what your retainer agreement says. Every time you leave a message, your attorney or someone else at the law firm has to listen to your message. When they listen to that message, they are spending time on your case, which may be billable time. Some attorneys may charge for this,... View More

If the house is in mom’s name, it can’t be sold or transferred except by the personal representative of the estate. Brother would be selling something he doesn’t have to sell. As to the personal property, mom’s surviving spouse, and/or her children have a right to it up to a value of... View More

No, you wouldn’t be personally responsible for the protected individual’s debts unless you co-signed for him, signed a personal guarantee, or you signed him up for financial obligations knowing he couldn’t pay (fraud). If you mismanage the protected person’s money, you could be liable to... View More

If you are only a friend, and not a creditor, heir, or devisee, then you would have no standing to receive any property from that estate. But maybe you could buy it if the county public administrator was willing to open up an estate for the heir-less decedent.

As always, you get what you... View More

The real estate would continue to be titled in the deceased person's name. If the taxes were not paid, the property could go into tax forfeiture/foreclosure. The property could go into forfeiture in the second year after the real estate taxes became delinquent. Or, if the property were not... View More

No. If there is real property still titled in the deceased person's name, you will need to open a probate estate and appoint a personal representative who can then sign a deed transferring the property over to you.

As always, you get what you pay for. Be sure to talk to a qualified... View More

Your question is posted in the area for probate questions in Michigan. If the probate estate is being administered in Florida, you should find an attorney licensed in Florida to advise you. Perhaps you should re-post your question in the Florida law section.

As always, you get what you pay... View More

Yes, they could. A child doesn’t have to be a biological child to be an heir or an interested person in an estate. If the father had an open and acknowledged parent-child relationship with the child which continued until father’s death, then the child has standing to request appointment as... View More

If you are not happy with your guardian or the choices your guardian is making for you, the first step would be to file a petition to modify guardianship. You can ask the court to appoint a different guardian, or to review your guardian’s decisions, including your residential placement.... View More

It sounds like your father needs to open an estate and have a personal representative appointed for your grandmother's estate. The personal representative has the power to collect and hold property of the estate, and to require people who hold property of the estate to turn it over to the... View More

If the roommate will not turn these things over voluntarily, you have a couple options. You can file a petition to open a probate estate for your deceased brother, and then file a motion for turnover with the court. This would be asking the court for a court order directing the roommate to turn the... View More

The short answer is yes, and yes.

Your stepmother, if she was married to your father when he died, has priority for appointment as personal representative. Your father's heirs - i.e. you and your siblings - have lower priority for appointment. If you disagree with your stepmother... View More

Someone will need to open a probate. Probate is a legal procedure for transferring assets from a deceased person (your dad) to his heirs. The Will merely instructs the court as to how the assets should be distributed.

Probate should be opened in the State where your father resided at the... View More

Yes, unless the stuff is a specific bequest/devise that is supposed to go to a certain person under the will.

As always, this is a response to a hypothetical using limited information. Be sure to consult with a qualified attorney about your specific situation before taking action.

You won’t mecessarily have a hard time in probate court, but there are procedures that need to be followed. You will not be able to close the estate until after the 4-month creditor claims period has closed. So plan on having the estate open at least 4 months after notice to creditors goes out.... View More

It depends on how the money was spent. If the money in the account was spent on your father's funeral and burial expenses, expenses of last illness, and other expenses related to his passing, there probably is nothing to be done. Those funds have priority under Michigan law and come out of the... View More

Legally speaking, a person does not need the same mental capacity to make a will ("testamentary capacity") as they would to make decisions of everyday living and finances ("contract capacity"). Testamentary capacity is a lower standard. That said, if you believe your grandfather... View More