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Michigan Probate Questions & Answers
1 Answer | Asked in Probate for Michigan on
Q: what doe it mean when a letter is sent from State of Michigan Probate Court County of Wayne Re: Notice of intent to

Close Estate Administration & Terminate Personal Representative Authority. I do not understand this language. Please advise. Thank you. I will see and talk with a lawyer later this week, but am confused. I am settling my husband's estate; but my husband's daughter is my problem. I... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Mar 3, 2020

If you have a lawyer, he will be in a much better position to answer this. The point of the letter from the court is that the appointed personal representative has NOT got everything under control and has failed to complete the probate appropriately. Whether or not that will cause YOU an issue is... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: I am questioning if it the will is still valid naming me executor of my mom and step dad's will. Step dad passed away

In October 2018 mom then changed all assets into her name. Is that will from 2010 still valid. Am I still the executor since step dad passed away, and Mom converted everything to her ownership. My stepdad did disinherit his natural children and it was stated in the will. He named myself the oldest... Read more »

Trent Harris
Trent Harris answered on Mar 1, 2020

The will is valid. The question is whether there is any property owned by your deceased stepdad that requires probating. If all your stepdad's property was jointly owned with your mom with survivorship rights, then the property would pass to your mom automatically and the will may not need to... Read more »

1 Answer | Asked in Probate and Estate Planning for Michigan on
Q: Need help, my mother is deceased i am disinherited from her will can i still sue the hospital for neglected

disinherited from a legal will in Michigan, the will was just mailed out... There is a lawsuit filled against the hospital and was wondering if I can collect from that.

Kenneth V Zichi
Kenneth V Zichi answered on Feb 28, 2020

To the extent the ESTATE has a lawsuit, if you are validly excluded from the will, you too have no claim. If YOU personally also have a cause of action that may not be the case. To know for sure however, it would require an actual consultation with a local attorney to review all the facts and... Read more »

1 Answer | Asked in Probate for Michigan on
Q: My father has dementia in a nursing home

His owned paid for condo in Chicago IL and all personal property is left to me his only son in his will. Can my uncle who is listed as estate conservator in will only sell his condo simply because he is in a nursing home? Leaving nothing behind to inherit? Being heir can I stop his actions legally?

Nina Whitehurst
Nina Whitehurst answered on Feb 20, 2020

Your uncle cannot sell the condo, and neither can you, without either a power of attorney from your father or court-ordered conservatorship over your father. Being named as executor in a will is not sufficient authority while your father is alive.

That said, it sounds like the issue...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Probate and Life Insurance

My mother in law had a 50K life insurance police she passed in November and my father-in-law was the beneficiary. He died 43 days later before the policy paid out (check just came) does the money go into probate or go to the children?

Trent Harris
Trent Harris answered on Feb 11, 2020

The money belongs to your father in law's estate. How the money goes from there depends on whether he had a will or other estate planning done, or if he died intestate. For further information, consult with a probate attorney in your area.

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: My mother passed away in 2016 and my mother and brother are on the deed to her home as tenants in common.

We had a lawyer try and do a small estate as the estate value was less than the $22000 allowed in Michigan but it was denied, Would that be because my brother is also on the deed it has to go to probate?

Trent Harris
Trent Harris answered on Feb 6, 2020

Possibly. When real estate is involved, it will either need to be probated or dealt with using a petition and order for assignment. The procedure used by your lawyer may not have been the correct one to use. But to be sure, you should get a consult with a probate attorney in your area who can... Read more »

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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: My husbands parents passed away, no will and no one named as executor.

He has 1 sister and 1 brother. They want me to be executor as I have experience (I’ve done this before). Sister does not agree with them and does not want me to do it. If the 2 brothers agree and sister does not, what do we do?

Trent Harris
Trent Harris answered on Feb 4, 2020

The 2 brothers who do agree should sign renunciations of their right to seek appointment of personal representative, and in the renunciations they have the right to nominate you instead. You would file an application or petition to be appointed personal representative, with notice to all interested... Read more »

1 Answer | Asked in Family Law, Banking and Probate for Michigan on
Q: I need to petition for conservatorship for my 14 year old daughter to receive her inheritance from my Mother.

The inheritance is coming from a Canadian bank and in the amount of $5000 CA. They will not release the funds until they have conservatorship papers. What forms do I need to fill out?

Kenneth V Zichi
Kenneth V Zichi answered on Feb 4, 2020

You asked this elsewhere, but let me reiterate:

1) if your current bank won't work with you, go to a different one!

2) GENERALLY speaking, there are exceptions to conservatorship for assets worth less than US$5000 which this is.

3) Similarly a trust or some other...
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2 Answers | Asked in Family Law, Banking and Probate for Michigan on
Q: I need to become my 14 yr old daughter’s conservator.

My daughter has an inheritance named to her from my Mother. It is coming from a Canadian bank in the amount of $5000 CA.

The bank won’t release the funds to my daughter until I gain conservatorship for her bank account. What forms do I need to fill out to do this in Wayne County?

Andrew M Steiger
Andrew M Steiger answered on Feb 3, 2020

A court appointed conservatorship is a lot of effort for CAD$5,000. I would work with the bank to see if there is another option and point out that you are the child's parent. An easier option might be something like a UTMA.

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1 Answer | Asked in Probate for Michigan on
Q: Can a debt collector come after a beneficiary of a life insurance policy?

My father recently passed away and was a sole owner of a LLC. He was paying a supplier 400 USD a month to settle a debt. Can the supplier go after the benefits my mother is owed from his life insurance policy? She was not listed as an owner or investor in the LLC. Thanks for your help

Trent Harris
Trent Harris answered on Feb 3, 2020

No. A creditor of the LLC or of your father has no standing to go after proceeds of a life insurance policy. The creditor's remedy, if the creditor has one, is to file a claim against the LLC. If your father personally guaranteed the debt or was found personally liable to the creditor in an... Read more »

1 Answer | Asked in Estate Planning, Probate and Tax Law for Michigan on
Q: My mother passed away in 2013. All debts were paid and inventory done. Went through probate and all heirs were properl

distributed.. My inherited home (only) remained in the estate until I sold it in 2020 with permission from the court. Must I file taxes for the last six years for the estate? There was a little over 100k gained. Do I have to pay taxes on the sale? I did have to open an estate account recently for... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 3, 2020

An estate is required to file a retuen any year it has $600 or more in income.

The property sale is reportable. It'll depend on the gain on sale whether it's taxable. It sounds like the estate sold the property 6 years after date of death so you'll likely have some gain on...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: I am trustee of my recently deceased father's living trust. I am trying to gain access to his bank account.

The account is listed in the trust but no beneficiaries are listed. I have the trust in hand with all notarized documents and the death certificate. The Bank is telling me that I need a letter of authority to get access to the funds. There is nothing on file at the Van Buren County probate Court.... Read more »

Trent Harris
Trent Harris answered on Jan 27, 2020

You do not need letters of authority. That is for a probate estate. If the bank account was already owned by the trust, then what you likely need is a signed acceptance of successor trustee, showing that you have taken over as trustee and accept your obligations as trustee of the trust. The exact... Read more »

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1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Michigan on
Q: I am a grandchild who has a verbal agreement to rent and eventually be gifted the home from my grandparent.

My grandparent died recently, which is over six months after I moved into the house. My mom is his trustee/executor, and he lived in her house when he died. What is my right to the home now. My mother is aware of the verbal agreement, but she has two other siblings. Do I have to move out; what... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 5, 2020

You may have tenant rights as a renter, meaning though that you could be asked to move out with 30 days' notice. Unless all heirs are in agreement that you should get the house, you don't have much legal standing for that. The verbal agreement to gift you the house may not mean much... Read more »

2 Answers | Asked in Probate for Michigan on
Q: What forms to file for informal probate in Michigan.

My mom died recently - intestate. There were 4 children (all still living). Dad died a few years ago. There are a couple of accounts in her name only that the companies are asking for personal representative papers. I am one of the children, and I went and filed PC558, PC557, PC565, PC564, and... Read more »

Don L Rosenberg
Don L Rosenberg answered on Jan 2, 2020

Yes, you need to file a proof of service that everyone was served with your filing requesting the court appoint you as personal representative. If no one objects to you intent to be appointed the court should then issue your letters of authority.

Don L. Rosenberg

Attorney and...
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1 Answer | Asked in Probate for Michigan on
Q: I have a probate issue in Malcomb County and need to ask a few questions before filling out the form Who can help me

The deceased had a previous estate opened in 2003. All issues were resolved I am now attempting to deal with insurance issues and need to open the estate but was told the 2003 estate is destroyed do I apply to reopen? I am out of state

Trent Harris
Trent Harris answered on Dec 16, 2019

The old estate is not destroyed. It has been closed. If there is an after-discovered asset then yes, you may need to reopen the estate. For example, if the insurance company will only make out a check payable to the deceased person "John Doe", or "Estate of John Doe", then will... Read more »

1 Answer | Asked in Probate for Michigan on
Q: How long does a judge have to charge you my boyfriend is being held on a probate matter he is being held and not charged

He is being held in contempt the judge is not charging him just letting him sit how long can they hold him without charging him and proceeded fairly

Trent Harris
Trent Harris answered on Dec 2, 2019

There are two kinds of contempt, civil and criminal contempt. Civil contempt is imprisonment that lasts until someone does something, or stops doing something, that they have the power to do and have been instructed to do by the court. There really isn't a time limit on that - it's as... Read more »

1 Answer | Asked in Probate for Michigan on
Q: If my father's widow didn't open up his estate for probate and denies there's a will, what recourse do I have as an heir

If in fact we can't find the will, is the surviving spouse entitled to all the deceased spouses assets even if there are surviving children?

Trent Harris
Trent Harris answered on Dec 2, 2019

An interested person, such as a child or other family member of your father, can file an application or a petition with the probate court to open an estate and be appointed personal representative ("PR") of your father's estate. However your father's widow would have first... Read more »

1 Answer | Asked in Probate for Michigan on
Q: Can I rent out a house going through probate court in Michigan

My uncle passed away and I plan on buying the house once it is finished going through probate. Is it legal for me to live in it and pay rent until I officially buy the house after probate it done

Trent Harris
Trent Harris answered on Nov 7, 2019

The plan you propose could be done. But you should enter a written lease with the personal representative of the estate so you can live there. During probate, you could attempt to obtain a mortgage loan so you can buy the house from your uncle's estate, or you could enter a land contract to... Read more »

1 Answer | Asked in Juvenile Law and Probate for Michigan on
Q: Im 18 and on probation in Michigan and I’m dating a 16 year old girl. Is this illegal?
Trent Harris
Trent Harris answered on Nov 5, 2019

It depends on what you are on probation for. If you were convicted of a sex offense, contact with minors might violate a condition of your parole. If you were convicted of something other than a sex offense, then mere "dating" is generally not illegal. But a physical relationship could... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: How long can my children and I continue To live my grandmothers home when no will or trust was filed?

My kids and I moved in with my grandmother 4 years ago so she could stay at home instead of a nursing home. We split expenses I was her 24/7 caregiver and companion. Grandma told our family she wanted me to have the house But she passed but died before she could make a will.

its only been... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 19, 2019

If none of your grandma's heirs at law complain, you are not at any immediate risk of being ejected. Her heirs at law are most likely her living children plus the children of any deceased children, so unless your parent that was your grandma's child is deceased, you are not an heir at... Read more »

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