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

In Michigan, as in many jurisdictions, the following general principles apply:

Qualification as Trustee: An adult, regardless of whether they're receiving Social Security Disability (SSD) benefits, can generally serve as a trustee unless there's a specific legal reason... View More

In situations where there's a suspicion of undue influence or wrongdoing, especially involving caregivers and fiduciaries, several legal avenues might be available. Here's an outline of potential options in Michigan (as the jurisdictional context provided in prior questions was Michigan):... View More

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

You may need to transfer title through the Secretary of State. There is a form for this when the transfer is to an heir such as yourself and no probate proceedings.

As crazy as it sounds, to the bank, you are just a stranger until your name is on the title. And just like I couldn't... View More

Bear with me -- you actually ask a rather complicated question even though you may not think it is! AND THIS UNDERSCORES why you need local legal representation!

There are two things going on here: 1) who can make burial arrangements and 2) who has priority to act as Personal... View More

The right to make decisions about funeral and burial arrangements falls to the next of kin in a statutory order of priority. Typically, that would be: surviving spouse; surviving children; surviving parents; then surviving siblings, and so on. The right to be personal representative follows the... View More

Generally speaking, the ex- spouse has no authority to do anything related to funeral arrangements for the 'son' unless the deceased son left a will stating otherwise. The father or parents have the rights and authority to conduct funeral arrangements for his son. If the funeral home... View More

Your question is not exactly clear, and it would benefit you greatly to contact a local probate attorney to review your whole situation to provide real advice.

Generally speaking, the debt is due when the debt is due and absent an agreement with the creditor to change that, you cannot... View More

"There was probate, but I wasn't told if the house was involved."

The answer to this will tell you what you're looking at. Several things may be happening:

-your parent deeded the house to your sister before death, had your sister on the deed as a joint tenant,... View More

Generally, it is is not difficult to find out if a home is included in the assets of one's probate estate. If the house was part of the estate (left in the will) then the personal representative may have the authority to collect rent while a related person is living in the home during the... View More

Great question. To my knowledge, all supervision agencies would require on-site visits for liability reasons (they don't want their employees out some place they can't really control and in what could be a volatile situation). While not ideal (it costs time, money, and let's face it:... View More

Because your mother has not been named on the deed, she still may have rights under a will to take the property, or she still may have the opportunity to take the property pursuant to filing a probate action since your father passed intestate. A real estate or probate attorney will still need to... View More

The property will not change hands until someone (usually an heir) commences the probate process. It is not uncommon, although unwise for a number of reasons, for houses to be held in a deceased person's name while family members continue to live there for sometimes multiple generations. As... View More

If your deed was recorded, you can buy a copy from the office of the Register of Deeds for the county where the property was located. If the deed was not recorded, then you may have a problem. You would need to contact the seller if they are alive to get a deed, or possibly the seller's estate... View More

The short answer is, yes, you have the right to control access to the house as executor of the estate, subject to two caveats:

(1) you don't have authority to do that unless you have letters of authority from the probate court; and

(2) your right to exclude others on on behalf... View More

There is no easy way to do this. You would need to ask someone who knows which attorney your mother used. That attorney may or may not still be alive and practicing law. That attorney may or may not have a copy of the will he/she drafted. If he/she does, it most likely will not be a signed... View More

By beneficiary, I'm assuming you mean there is someone named on the deed who is supposed to get the property when husband passes away.

The short answer to your question is yes, a court appointed guardian or conservator could sell the house with approval of the probate court. That... View More

It depends what you mean by "death notice" in a paper. If you mean an obituary, that is not enough. On the other hand, if by "death notice was posted in the paper" you mean a notice to creditors was published in the newspaper by a personal representative under MCL 700.3801 or a... View More

A petition and order for assignment is one of two Michigan small-estate procedures that can be used when a deceased's probate property is less than $27,000. The other is an affidavit for delivery of certain assets to decedent's successor. You would only use these procedures if the... View More