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My husband passed away in 2017 i got behind in taxes and just found out someone filed in probate to take my house. Can anyone just do this? I have minor children and was married to him for 26yrs.
answered on Aug 28, 2018
It sounds like an estate has been opened to administer real estate that was titled in your deceased husband's name. The quick answer is, "No, anyone can't just do this."
The more detailed answer is: I'm guessing the person doing this is the personal representative... View More 
My mother has property (land) she was in the process of selling which her name is on the deed. However, she found out the trailer mobile home was never signed off by her husband (who's now deceased) parents and the parents are deceased as well. We were told we needed to get signatures by her... View More
answered on Aug 27, 2018
It's difficult to answer the question without knowing more about the trailer, and whether it's there on a lease, or whether the trailer has been affixed to the land and is legally considered part of the real estate. Either way, it sounds like a person in the situation you describe would... View More
answered on Aug 27, 2018
If by administrator you mean a Personal Representative of an estate, it depends on whether the person who died had a will or died intestate (meaning the person didn't have a will). If the person had a will, it depends on what the will says about distributions. If the person died intestate, it... View More
answered on Jun 4, 2018
There is no 'hard and fast' deadline, and how long things take to start depends a LOT on what there is to do. Delaying is rarely a good idea however, and you should consult with a local probate attorney to get real advice on what is appropriate for your case and why you need to do what... View More
My grandmother told me that because I did not live in the state of Ohio, where my father lived when he passed, then I was unable to be his next of kin. I also have 2 younger sisters who were both under the age of 18 when he passed.
answered on May 9, 2018
ALL of his children are (equally) his 'next of kin' if he is unmarried and has children. Other relatives may ALSO have some interest.
What is the question you are really asking?
-- This answer is offered for informational purposes only and does not constitute legal... View More
She had the home in trust, I went up and put the home in my name. I am wanting to sell it now but I dont know how capital gains works when it was left in a trust to me,
answered on May 9, 2018
The answer is 'probably yes'. Trusts are a 'one size fits all' solution to avoid probate that like all 'one size fits all' items rarely fit just right for any one situation.
You need to take the documents, including what the tax basis of the property was going... View More
My step father, no legal connection, has passed away leaving his home to his sister by default. I have lived on avd off at the residence for years and have thousands of dollars worth of property in the house. The sister is refusing entry to retrieve my belongings, and I was informed that someone... View More
answered on May 9, 2018
Do you have a list of the property and serial numbers/identification information etc? You need that first. If not, you are probably out of luck no matter how you shake this down. PARTICULARLY for stuff that doesn't have a title or traceable ownership info, this is going to be difficult at... View More
When my late father wrote his will, my sister was not living with him. However, she moved in during the last five months of his life and is now occupying the home (Michigan). We'd (me and my other sister who both live in different states from our sister/Dad) would like to sell the house and... View More
answered on May 9, 2018
What does the will say about the disposition of the house? Is it supposed to be sold under the terms of the will? Has the nominated PR been appointed by the local Probate Court? Has there even been a petition/application for probate?
You need to consult with a probate attorney in the... View More
My mom passed before my grandmother do I have any claim on her behalf
answered on May 9, 2018
This depends on your grandmother's estate planning. Did she have a will? Was there a 'Ladybird' deed? Do you have aunts or uncles who might also inherit under the rules of intestacy or under a will? How was title to the land held?
WAY too many questions to provide advice in... View More
How can there be any compliance with the terms of a mother's will, if the son refuses to sign the Shareholder Agreement, thus (officially) becoming a shareholder?
answered on Apr 10, 2018
I'm not a Michigan lawyer, and so cannot advise on Michigan law in this regard. I assume your corporation is a Michigan corporation. Normally, however, if there was no requirement in the will that the son agree to a shareholders agreement as a condition for getting his shares, then he is... View More
Brother died, no will, siblings only heirs. He did not work, was on SSI. Owned two inoperable vehicles and a home in disrepair (plumbing, mold, asbestos, and electrical problems as well as bio hazard situation following his unattended death). Liens for unpaid taxes and water bills. Credit card... View More
answered on Apr 5, 2018
Best practice would be to get an appraisal. Then sell it for what you can get. It doesn't sound like any of the siblings will bicker too much about the sale price; and unless they do and go to court over it, there shouldn't be a problem. The personal representative has an obligation to... View More
What my Mom has left under her known account is barely enough to pay for her funeral. But the hidden account is where the bulk of her money is under one siblings name. Since the will is the only legal document, would this hidden asset also be included under the will? What can we do to secure it,... View More
answered on Apr 5, 2018
A hidden asset that you just discovered and an asset held under someone else's name are two completely different things. The money in the account under your sibling's name will likely remain his or her's, and will not be subject to probate or the will.
To return this money to... View More
No will. Funds and life insurance has been distributed already with no issue. We have the deed. Is there a probate just for a house?
answered on Apr 5, 2018
If the owner of record of the house has died, probate will be necessary in order to get title to the heir(s) or to sell the property.
Sister listed on home with moms name in 1999 mom died in 2009. Sister went behind my back signed over home to my brother without my knowledge brother trying to evict me. Mom left no will. What are my options?
answered on Mar 21, 2018
It sounds like your brother owns the house and could evict you. Perhaps you have an argument that your payment of taxes resulted in some rights accruing to you, but without more information I cannot identify those potential rights.
home for me and for my children to use while they attend college. How can I make sure my husbands poor financial choices does not take my 2nd home away?
answered on Feb 21, 2018
If your husband's name is not on the asset, why would his credit affect anything. Just be sure YOU buy the home in YOUR NAME ALONE and it should be fine.
There ARE situations that would impact this however -- Michigan is not a 'community property' state, but there are... View More
Can she be removed and what happens to the homes she left that are now in danger if foreclosure.
answered on Feb 20, 2018
The 'executor' (Personal Representative) has priority to act but if they do nothing within the proscribed period then ANY interested party can petition to become Personal Representative and take over the probate of the Will. If it has been over 5 years, you have CERTAINLY waited long... View More
Ok, a will was written which initially included all 3 children in it. However, the parent wanted to disinherit two of the children so she started a joint bank account with the only child that she wanted to be beneficiary but passed away a few months ago. Can this be contested in probate court or... View More
answered on Feb 19, 2018
Joint ownership controls over a will. Wills only distribute what will be in Probate, and joint ownership property (and designated beneficiaries on accounts and insurance) pass outside of probate. Naming a beneficiary or creating a joint asset is not related to Probate and challenges will be... View More
We vacated the apartment the 25th of Nov and turned possession over to the assisted living facility at that time. My mother and I had a joint checking account, and I removed her name from the account after her death. The assisted living facility is now sending me invoices stating that our mother... View More
answered on Feb 18, 2018
Assuming you are right in that ONLY your mother signed the lease and you didn't guarantee it in any way, then yes, they could TRY to go after her estate, but if there was nothing in her name alone at the time of her passing, there are no estate assets for them to attach.
Look carefully... View More
We've attempted to establish a relationship with the management company. Made no progress due to how rude the relations supervisor was. Holding rent in escrow until we receive authority papers showing the order to collect. Should we attempt to contact the law firm where the PR is employed to... View More
answered on Feb 14, 2018
Authority would come either from the personal representative / trustee of your former landlord's (LL) estate. However, if the LL had this company in place before they passed away, there should be no interruption in services from the management company. Until verified, you can place your... View More
answered on Feb 12, 2018
I assume by that you mean you and your sib are COURT APPOINTED conservator/guardian. Conservatorship and guardianships will not stop probate after someone dies. They are unrelated, and indeed they end at death and require a FINAL order from the court at that time.
IF there is property left... View More
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