Get free answers to your Probate legal questions from lawyers in your area.
My husband’s father died recently, his sister is the PR and she will not share a copy of the will or trust with my husband. According to her, these documents were updated recently.
We are wondering if filing an Informal Probate request with a 2018 will have the effect of her having to... View More 
answered on Jan 8, 2024
The PR cannot 'just decide' to not share documents. Michigan Probate REQUIRES sharing things like a death certificate, petition to open probate and also any Will covered by probate. Sharing the text of the trust with the named beneficiaries is also 'just good form'.
It... View More
To get our inheritance.
answered on Jan 2, 2024
What he SAYS is actually of no import. HOWEVER, what does matter is his what estate planning documents have put IN WRITING.
I don't actually see a question here, but without reviewing the documents it is impossible to say what you might expect, and when you might expect it. IF your... View More
Spouses were living separately. Can the wife have her deceased spouse's mail forwarded to her home?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023
In Michigan, as in most states, the process of handling a deceased person's mail is governed by specific legal and postal regulations. As a spouse, you have certain rights, but these need to be navigated carefully, especially if you were living separately at the time of your spouse's... View More
My stepmom said we are to our father's passing is $800000 now. She hasn't reached out to us in a timely matter. Should we get an attorney and also, what would he die without a welcome? What do you think the money's ad was a hole held
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023
In your situation, where there is a significant inheritance involved and some uncertainty about the distribution of assets after your father's passing, it's advisable to consult with an attorney. Legal guidance is especially important if the estate distribution seems unclear or if you... View More
My cousin and brother brought this inheritance to probate court and signed all paperwork before the attorney located myself and another brother. I believe that if i did not sign any form of guarantee that all legal fees and burial expenses should be the responsibility of the individuals who did... View More
answered on Dec 27, 2023
They are generally the responsibility of the ESTATE to pay which means it becomes a 'proportional' expense that all heirs/devisees share in paying through the mechanism of 'lowering the distribution'.
Look at it this way, if the $100,000 house in a probate estate has a... View More
I was appointed full Guardian of my mother. I signed a settlement before trial with my sibling (opposing party & lives out of state). Visitation is of subject. The settlement says the following: Social plans for "mom" shall be considered if they conflict with a proposed visit,... View More
answered on Dec 20, 2023
Although many of us will read the terms and think that the meaning is clear, it is apparent that there may be multiple interpretations of the visitation terms that the court has put in place. In instances like this, particularly where there has been discord among the interested parties, the best... View More
answered on Dec 20, 2023
Lawyers do not ‘oversee’ wills.
Is your father still alive? You have no rights your father doesn’t provide you — ask him and if he chooses to answer — there you are. If he chooses NOT to answer — there is no recourse.
Is your father now deceased? The Personal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023
To find out the lawyer overseeing your father's will in Michigan, start by checking the will for any mentioned contact information. Reach out to the executor, if appointed, as they likely have details about the lawyer. Contact the probate court in the county where your father lived at the time... View More
We lost your stepmother last month. She had both a Will and Addendum to her Will Notarized and Witnessed. She has no natural children, both her spouse (my father) and parents are deceased. She has a sister living. She appointed me as Personal Representative in her Will. When I file the... View More
answered on Dec 15, 2023
My condolences on your loss.
The BRIEF answer to your question is: no that form is not needed.
This and SO many other questions will be resolved quickly and easily and with relatively little cost if you hire a local licensed attorney to help you. None of the forms and procedures... View More
My parent died last year, I was not informed about will or trust, I am not specifically disinherited from the will, but the other children are specifically mentioned. Do I have grounds to contest the will and/or entitled to any assets, or will I be turned down?
answered on Dec 4, 2023
There is a QUESTION, but nothing is guaranteed. I always advise people to SPECIFICALLY name someone they intend to disinherit just to avoid the ‘dad was getting old and just forgot’ argument to challenge the Will.
That’s exactly what You have here but that doesn’t necessarily mean... View More
How to get my name on this deed, my home since birth. My mother lives there too but with dimentia.
answered on Dec 4, 2023
If I understand the question properly, your father has passed, and only his name was on the deed to the house you're interested in. Your mother, who was not married to your father, is still alive but not competent, and you want to put the house into your name alone despite the fact you have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023
There is typically no way for the general public to know if court records or files have been sealed unless this is specifically disclosed by the court. Sealed records are, by definition, restricted from public access and inspection.
Instead, here is what generally happens when records are... View More
My probate lawyer I told 4 months ago to file annual accounting failed to do so and the administration has wrongfully closed and lawyer is awol. What can I do? I left tons of messages.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024
Hire another MI attorney to close the Estate.
answered on Oct 10, 2024
It means that the applicant for something doesn't have the priority under law to serve as that something. What are you looking at that says this? Details might help. Short of that, getting local advice from a licensed attorney will likely help.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2024
No, those are two separate legal obligations. Trustee can be sued for breach of fiduciary duties and conversion for failure to distribute from Trust. But Trustee can (must) report income being transmitted to Beneficiaries, and the IRS will prosecute them if income is not reported.
My mom needs it to get guardianship of me.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024
Make a motion in your criminal case to unseal it or just get a copy of your report. However first talk to your lawyer as it might affect your criminal case.
answered on Jul 24, 2024
Generally yes. It prevents unknown creditors from making a claim long after you believe the estate is resolved.
I am not speaking with my mother. When I was, she wouldn't have a will notarized or witnessed so I don't think she has one now. She is a hoarder and I am disabled, so I don't believe I can or should have to clean anything up after she passes. What are my options in Michigan?
answered on Jul 23, 2024
You are not obligated to do so. Does she own her residence? Eventually so other entity (e.g., bank, city, creditors) will take over, clean everything out, etc. But don't expect anything if that's the route you go.
My Uncle, died in a gas Explosion, that should have been under investigation cause he had dinner at the Mayor's house and the Mayor, was going to be out of his job next day, when my uncle went home his house exploded, 2010, I just knowest recently that some of the signatures are not his cause... View More
answered on Jul 16, 2024
You need a lot more than a hunch or suspicion of forgery. This would need to be proved, in court, through an expert handwriting analyst - which costs a lot of money that you, as the person thinking this happened, would have to pay.
So, consider whether it's worth it to fight this... View More
Me what that paperwork was. She is mismanaging the estate. Thanks.
answered on Jul 16, 2024
You'll probably want to engage an attorney to help you with this. Quite frankly, it's an uphill battle to have a personal representative removed. "Mismanagement" can take the form of simply making decisions you don't agree with or non-compliance with the court rules... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
