My husband only really owned (other than personal effects) a non running car and his half of the manufactured home. He owed 2 loans when he passed one for 1000 and one for 4000. He lived in St. Clair County Michigan with no will. Will I have to sell the home or his half to settle his debts? The... Read more »
Is this a guardianship or conservatorship? A probate estate would not be opened until someone dies. In all cases, there is no "paperwork" you can file to become an interested person. You either are an interested person or not, and that is determined by statute and court rule. Generally,...Read more »
A man who was like a father to me growing up is now under probate court. His cousins have guardianship and conservator. They said now is not a good time. I've gone to his old residence a few times and they're refusing to tell me where he is now living. What I've gathered is an... Read more »
You're in a tough spot. If his family is unwilling to tell you where he is, you could try going to the probate court to look at the record. But even with that, his family could legally tell the facility not to let you see him. Whether they would do that or not, we can't tell....Read more »
If I am correct how does a beneficiary uncover what happened to the assets that they were named as beneficiary on? For example abuse of process, forgery, elder abuse, etc. Also, the entity holding the assets what duty did they have to notify each beneficiary?
The short answer to your direct question is 'yes'. Property with named beneficiaries does not pass through probate and is instead transferred directly to the beneficiary with the provisions in place by the asset holder (usually a request and a certified copy of the death certificate) to...Read more »
Special needs person living on SS, is low income & on Medicaid. He received a $7000 check after his mother died. We are trying to find out what we can do so he doesn't get kicked off Medicaid. This money is everything he has in the world. He can't afford medical insurance and... Read more »
Whatever he does, he shouldn’t transfer the money to your sister. That would be considered in uncompensated transfer and would generate a penalty period And he will not have the funds to pay through that period of ineligibility. The easiest solution is to spend the money quickly on services such...Read more »
We lived together 4 years. The 2nd home garage is where my things were put when he moved me to this town to live with him. The probate atty wont let me get my things from there and wants me to fill out a form. There are alot of valuable items in there and i need access to many of these. What can i... Read more »
My parents built a home on grandfather’s property that never had a mortgage. My mother passed away and my father remarried. When he remarried he stated that if he passed, the home was supposed to go to my brother & I, and his wife was to have a life lease, although he did not put this in... Read more »
My family has lived in, and cared for, my wife's father's home for four years. We planned on making an offer to buy it several years from now, however her entire immediate family has come down with covid and things are not looking good. After a little digging, we found that this property... Read more »
Provided there or no other heirs or outstanding creditors (related to unpaid debts that your mother had), you can file an Application for Probate. Upon appointment as the Personal Representative of her estate, you may execute a Fiduciary Deed conveying the property to yourself. If there are other...Read more »
My father passed away but before he did, he place the survivors of his family to be the inherited. This includes 401K, IRAs, bank accts, and two houses located in Florida and Michigan. My mother and I are wanting to pull the houses out of the trust so that we can have her sons on both titles of... Read more »
The question doesn't quite make clear what all is going on. If the houses were in the father's trust, and then he passed away, his trustee is in charge of the house and must do with it what the trust says. Unless your mother is the trustee, she would have no authority to do anything with...Read more »
I was informed by physician at Mama's rehab center to get full guardian/conservatory petitions. After a lot of work and headache, I have both petitions. The problems have not been reduced. An inventory form is due within 56 days. I am on 30 days. Where do I go for help now? Eldercare and... Read more »
Depends. Depends on how comfortable you are completing court forms, researching, and complying with court timelines. Court staff are not allowed to give legal advice, so you would need to do your own due diligence and trust yourself.
We live in Michigan, and my wifes father who lives in Arizona recently passed away. He was living with a domestic partner but they were never legally married. And all that we know of is that the house was recently transferred into the partners name but nothing else was, (to our knowledge)... Read more »
I KEEP GETTING THE PETITION REJECTED BECAUSE OF SECTION 4 OF THE PETITION. AM I TO LIST ALL HEIRS OR ONLY MINORS? I INITIALLY SUBMITTED THE PETITION WITH MINORS ONLY AND IT WAS REJECTED, SUBMITTED A SECOND TIME WITH ALL HEIRS AND WAS REJECTED. THE CORRESPONDENCE FROM THE COURT STATED SECTION 4 WAS... Read more »
Leaving me and my 2 sons out of the what will states. More. 2 1/2 yrs. Had an attorney for 2 yrs, got all discovery, to then in 5 minutes got taken away because attorney wasn't filing subpoenas with court. Tried representing self,for now I'm in debt with fees. Between estate lawyer and... Read more »
It sounds like you already had an attorney that you fired/didn't pay? Without seeing ALL the paperwork and doing the research on this long case, it is impossible to provide any real guidance. I would suggest either going back to the attorney you had, or if you believe he did something improper...Read more »
Dad deceased 05/01/2021; he did a Will in 2004 naming his 4 children as beneficiaries; upon the wife selling the home his last wishes were to give each one of us (his 4 children) $20,000. But after selling the home she only gave 2 of the children $20, 000 and did not give the other two children... Read more »
This is a very fact-dependent situation. If your dad and his wife owned the house as joint tenants, then it's sale is not subject to the terms of the will. Once your dad passed, the house became his wife's by operation of law, for her to do with as she pleases. She effectively made gifts...Read more »
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