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probate case is filed already and i have my powers of authority.
answered on May 20, 2024
That is not a question. If you need help filing a complaint, or taking other appropriate action, you should contact a local attorney to represent you and/or the estate to begin the process necessary.
This is not a forum for providing legal advice, but just general information.
2013-786143-DE - Nancy Ann Thomas estate probate case
Case No. 16-14079 - UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Carson v. Chilkewitz - Chilkewitz won case to not pay Carson due to another estate. The money needs to go to Chilkewitz
answered on Mar 5, 2024
There is no ‘form’ to enforce a judgment, if that’s what you are asking. There are forms to garnish wages, bank accounts and to do creditor exams but what you REALLY need is to hire a local attorney to review the facts and provide real legal advice. This forum is not going to lead to useful answers.
Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.
The state sought charges on the behalf of Matthew's mother,... View More 
answered on Nov 28, 2023
This is FAR too complicated and fact specific to provide any general guidance. You need to talk with a local guardianship attorney.
Additionally, something doesn't ring true: "granted a protective order against the petitioners progeny"
Courts don't grant... View More
I have a Petition and Order of Assignment but is there a document I can get that is more focused on just stating who the heir is? The small estate was settled 5 years ago and I am the only heir but I don't recall receiving any document besides the PAOA.
answered on Nov 7, 2023
The order part of that should state how the property was to be distributed. Whether or not you're an 'heir' doesn't really matter. Did the order provide you should receive the property? What more are you looking for?
His phone is fingerprint and passcode locked. If I pay off the balance, is the phone legally mine since it is on my account.
Update.
I have asked for the phone back since I am paying the bill. They will not give it back.
answered on Oct 30, 2023
This is a scenario with a legal answer and a contrary common sense approach.
If the phone is on your account, you are ultimately responsible for the balance. That has nothing to do with the sibling. Why would he or she want the phone? Have you, or could you, ask for it back? If they refuse,... View More
I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file?
answered on Oct 18, 2023
The estate needs to bring the action for the claim. If your father passed without a will, then the Michigan intestacy laws will apply. This means that your mother, if married to your father at his time of death, will receive most of the assets of the estate. More information and facts would need... View More
My fathers accounts businesses were not jointly owned. No will has been done. He had no will
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answered on Oct 10, 2023
In Michigan, if someone dies without a will (known as dying "intestate"), the state's intestacy laws determine how the deceased's assets are distributed. Since the accounts and businesses were solely in your father's name, they become part of his probate estate. Generally,... View More
Father had 3 businesses a house on land. Bank accounts only in his name. She is not legally doing what she is suppose to do. She is selling estate assets. Below cost or giving away . Has already done a quick deed to her son my half brother for the house. 4 dependents of my dads have gotten... View More
answered on Oct 10, 2023
You should probably consider filing an injunction to prevent the administrator from dissipating assets. If necessary to prevent irreparable harm, injury, or damage, you could file an emergency petition to get into court more quickly. It is likely in your best interest to hire your own legal counsel... View More
My sisters are trustees and I am a beneficiary. I bought a house with my money but they refuse to put me on the deed. They cannot supply financial records for my beneficiary Acton r which was supposed to exist but does not and they are missing other important financial documents. Also my brother in... View More
answered on Sep 13, 2023
This is a forum for general questions and answers, not specific legal advice.
You clearly need legal representation, starting from the point of you say you purchased something with YOUR money but it was not put into YOUR name apparently? I don't know that this is so much a... View More
I'm in family court because my son's dad was pulled over and arrested for operating a stolen vehicle while my son was in his care. There are so many discrepancies with this case but my attorney stated to me that my son fell asleep on his sister's lap during a bonfire and that she... View More
answered on Sep 10, 2023
This is a forum for general questions and answers not specific legal advice. If you believe you’re not getting appropriate representation from your attorney then you need to seek a second opinion and get local legal representation.
When probate is not an issue, and there are only two heirs, one being the executor, how long should I be expected to wait for an accounting and distribution of the will ?
answered on Aug 29, 2023
First question to ascertain is whether there even needs to be a probate estate opened. Many people die with wills but otherwise have all their assets either owned jointly or with beneficiary designations that control the distribution of assets over anything in the will.
A common example... View More
There was a plot of land that my grandfather transferred to me through a quitclaim deed many years ago. Regarding current situations I am looking to sell the property, However, in the quitclaim deed, it says that the transferability only extends to heirs at law. However it also says that it can be... View More
answered on Aug 24, 2023
The restrictive language you mentioned in the deed may not be enforceable under Michigan law under Michigan Land Title Standard 9.1. I suggest you contact a title company to obtain a title commitment for the property. The title commitment will tell you what steps you may need to take (if any)... View More
I'm her only child and she's not married. The only thing she has left is some clothes and a few nick nacks. I intend to donate most of it to good will. How do I go about being named executor? Since she had nothing why would I want to be named executor? She was married for a long time to a... View More
answered on Aug 21, 2023
You say she didn't have anything but then add she has a 10,000 (plus judgment interest?) debt owed to her. Therefore she DOES have something to probate: her interest in that judgment.
The question becomes is it worth it to begin probate for the POSSIBILITY of recovering 10k? The... View More
My father created two Florida wills in 2020 and 2021 after his wife of 36 years died in 2019. Both had trusts that were similarly worded to provide for five children. The wills gave everything to a woman Dad met six weeks after my step-mother died. We lost a challenge to the Florida Will. It is... View More
answered on Aug 20, 2023
I’m sorry to hear of your loss.
The question you ask Hans no clear answer but the analysis starts with a smoke question: Was there anything IN the trust? If the valid will was NOT a ‘pour-over Will’ and there was nothing in the trust then the trust is of no consequence.... View More
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answered on Aug 18, 2023
Depending on the circumstances, there might be specific grounds for dissolution outlined in the trust document, or it may require the agreement of all beneficiaries. If all beneficiaries are in agreement, the process can be more straightforward. However, if the trust document does not provide for... View More
I'm his daughter his benifituary the nursing home is sueing me for the bill and trying to take his house that he left me I am on the deed what do I do the nursing home already file a summons
answered on Aug 17, 2023
You need to be in touch with an elder law attorney asap. First, that person will need to help you figure out if you are being sued individually or in the capacity of the estate representative. If they are trying to take the house, I imagine you are involved in your capacity as the estate... View More
My stepson, 28, married someone, 48. He was recently killed. The wife will not tell my husband anything about the funeral.
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answered on Aug 11, 2023
In most cases, the legal right to make decisions about funeral arrangements lies with the deceased person's next of kin. However, laws can vary by state and circumstance, and it's important to consult with a legal professional to get accurate advice based on your specific situation.... View More
Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents.
Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust... View More
answered on Aug 7, 2023
The brother isn't 'disqualified' from being a trustee because of his status on Social Security Disability for a physical condition, but some federal benefits (specifically SSI which it sounds like may not be involved here, but I'd want to be extra sure!) may be impacted by his... View More
State of michigan. I received probate paperwork and was identified as an heir. App for informal probate/appt of personal rep, testimony to identify heirs, registers statement, acceptance of appointment, notice of appointment and duties of personal representative (which is my step mother), notice to... View More
answered on Aug 5, 2023
This is a forum for general information.
If you need specific legal advice as you are asking for here, you need to consult with a local licensed attorney.
That attorney can review the paperwork, explain what it is and provide you with advice about how it impacts you and what to... View More
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Aug 5, 2023
No. You would need to petition the probate court for guardian and conservatorship. If this caretaking has proper documentation in the form of a POA, you face a significant uphill battle.
You say you are banned from seeing your mother; By whom? And why? Depending on your answers, you're... View More
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