You should have begun probate two years ago. At this point you need to do so in order to transfer ownership of the land to WHOMEVER your fiance's father's heirs were. You say he's the 'only beneficiary' but if there was no will, there are no 'beneficiaries'... View More

You are not REQUIRED to attend or send a representative -- but the law dies require you receive notice. If you are not interested in what happens practically, that is fine and you can just ignore this, but be aware that if things change or there are future hearing, you will continue to get notices... View More

You can't know 'for sure' unless there IS a will, or if you've seen one in the past and you KNOW your father didn't revoke it before he died.

IF there were beneficiaries named on the IRAs then you could contact the account holders as a beneficiary with a death... View More

The MOTHER likely has no interest unless there was a will saying otherwise.

The CHILDREN, however, are likely his primary presumptive heirs assuming he was unmarried and there is no will, and the children were acknowledged by him during his lifetime. The mother would have the right to... View More

It depends on the size of the CD. If it is below $23,000 you can use a form called PC 598, Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by the Decedent. There is no probate court involvement. Fill out the form, sign it before a notary public, attach the death... View More

If she is the personal representative and has some interest in the house through the will, she could simply disclaim the interest to the house, deed the property to you, and close the probate. I don't think you would need a ladybird deed for the purposes of your father's estate unless... View More

If there is a Probate Court proceedings you NEED to go. If you don't your children may be at risk. You NEED to respond to the information you claim is false, and provide documentation to show it is false (don't assume a 'he said she said' will work!) and do so in the appropriate... View More

You should consult with another probate attorney in Michigan for advice.

You do not have to have an attorney to probate a will. However, unless it is a very simple estate, an attorney could actually save you money and prevent any missteps. Depending on the county, the probate court staff may help you decide if you should hire an attorney (even though they really... View More

Absent a different provision in the estate plan, your stepmom would have received $150,000, plus 1/2 any balance of your father's estate upon his death. Because she had no will, her default beneficiaries in Michigan would be, in the following order, (1) stepmom's parents, (2)... View More

The proof of service lets the court know that you have served all the interested parties with the sworn statement to close. The interested parties are usually the other heirs. Sometimes a creditor may need to receive the sworn statement to close, and sometimes a government agency needs to receive... View More

There should be an Executor of your father's will. Based upon the very brief narrative you provided, it is likely that you can sell the property despite the death of your 4 siblings. However, proceeds from the sale may have to be distributed to all of the beneficiaries and this will depend... View More

The estate can continue to pay on the mortgage. Federal law allows children and spouses to continue to pay under the mortgage after the mortgagor dies. You must remain current with the mortgage however. If you are not current then the lender can take steps to protect its interest and then... View More

Short answer: Yes.

Longer and more useful answer: "Your attorney should help you with this."

DETAILED answer: If you don't already have an attorney helping you with the probate, you really need to reconsider that decision. Don't be 'penny wise and pound... View More

The easy answer is the person who signed the paperwork at the funeral home. If his family is kind, they will equally share in the cost but they are not required. If no one makes provisions at a funeral home and does not claim the body, the county will make arrangements for a cremation and keep... View More

Was the will probated? Then the probate court will have a copy.

If it was not, then the attorney who drafted it may have a copy.

If both of the above fail, you may be able to proceed without a will based on intestacy if no will can be found. Consult with a local attorney who can... View More

You may need the money, but if you were not named as the beneficiary then you are not likely entitled to it. Was the life insurance a benefit of employment? Was there other property? Is there a will or trust?

The problem here is that a 14 year old can't own property. Assuming the... View More

There is no quick solution here. You will need to open a probate estate as soon as you can. Until that happens, and concludes, you are renting the house from your mother's estate.

The will would be valid to the extent that it comports with Michigan law. Best advice would be to get a new Michigan will as soon as practical.

The Court will control the process here, and if the family has failed to keep the Court apprised of current addresses, it may or may not require publication. The conservator will likely need court approval of the sale, and yes, the sale is required to be the 'best' for the protected... View More