Get free answers to your Probate legal questions from lawyers in your area.
The attorney has made a claim against the estate, provided a brief description, no billing, no agreement, was not hired by the PR of the estate. Did not assist the PR of the estate. The PR appointed has not used anything from the attorney. What can be done to fight the attorney fees? What type of... View More 
answered on Feb 5, 2024
Assuming the PR has an attorney (and if they don't they SHOULD!) the attorney hired can respond to the claim.
There are deadlines for responding to a claim so be sure you adhere to those deadlines and if you don't already have an attorney get one ASAP to insure you have time to... View More
My mom did a lady bird deed for me conveying the house to me since. 2018-2022 and my brother changed it when she was sick how can I challenge the deed my mom couldn’t sign her name no more like it was on the deed my brother done
answered on Jan 10, 2024
I concur, but not just a 'Michigan' lawyer, but one in the area where the house is located. Michigan as you know, is not a 'small' state -- an attorney in Houghton will not be of much help in a dispute in Saginaw, Bad Axe, Traverse City or Grand Rapids, and one in Detroit... View More
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
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answered on Jan 4, 2024
In the State of Michigan, filing an Application for Informal Probate with the probate court does not necessarily require an attorney, and individuals can often complete the process themselves. However, it's essential to note that the probate process can be complex, especially when dealing with... View More
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?
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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
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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
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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
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
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
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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 father's estate has been tied up in legal proceedings for 2 years because the opposing attorney frequently cancels court dates without valid reasons. Additionally, my own attorney is unresponsive to calls and emails. The delay is largely due to disputes over IRS checks and farming... View More
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answered on Apr 1, 2025
You have multiple concerning issues occurring simultaneously with your father's estate. Given the unresponsiveness of your current attorney and the difficulty in securing new representation, you might consider filing a complaint with the Michigan Attorney Grievance Commission regarding your... View More
I am concerned about a property in Ironwood, MI, that is scheduled to go up for tax auction on Monday at 5:00 PM for $3,700. There is no will, and my nephew is the only relative. Can I take ownership from my nephew before the probate process is completed to prevent the auction?
answered on Mar 29, 2025
Your nephew cannot transfer ownership of something he does not yet own.
So the short answer is 'no' ....
But there may be other options. Talk with a licensed local real estate/probate attorney to determine what can be done.
Good luck
I am in Michigan, and my mother recently passed away. Her will, which is witnessed by two individuals and notarized, names an executor for the estate. However, Fidelity Investments is requesting a registered document noting the executor, as they seem not to accept the will as legal in its current... View More
answered on Mar 10, 2025
All wills must be admitted to probate court before the nominated personal representative is authorized to act. Wills require probate; trusts do not. An estate must be opened, will admitted, and personal representative appointed and issued a Letter of Authority. Fidelity is correct.
I have been searching for 30 years to find a death record for my great-grandmother, Mary (or Maria/Marianna) Jaworski, who was born with the maiden name Bialacki and used the name Staskiewicz from her first marriage. She was admitted to the Kalamazoo State Hospital in Michigan in 1924 and remained... View More
answered on Feb 19, 2025
This is more a genealogy question than a legal one, but you mention all sorts of resources you've checked but not the Social Security Death Index. That will tell you not only when she died but also WHERE your grandmother lived at the time letting you do searches more targeted for that elusive... View More
I have an extended family member that’s 76 years old and has an POA. The elderly family member approached me with his bank statements outlining $30,000 has been used for vacations, iPhones, gas, atm withdraws over the span of the last year. The elderly man he’s suppose to be caring for had no... View More
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answered on Feb 1, 2025
Principal should at least revoke the POA with notice to banks, etc. If land is involved, record the revocation in that County. Then he needs a lawyer to sue the agent for breach of fiduciary duty, amongst other causes of actions.
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