Get free answers to your Probate legal questions from lawyers in your area.
Scenario is settling affairs of second to die spouse with A/B trust in place along with pour-over will, and personal property transfer document. First settlor died 15 years ago, second settlor is still alive.
Irrevocable portion of trust currently contains properly titled real property and... View More 
answered on Dec 21, 2022
It sounds like you are on the right track, based on what information you provided in your question. The decision whether probate is necessary usually hinges on whether there are any assets which require probate administration. Opening a probate estate is sometimes done even if there are not assets,... View More
My mother wants to pass the house on to me when she passes, but she also has the potential to be in long term care in the couple years. Will medicare take our house if she goes into long term care (or do they even currently have a lien due to my deceased father being in a nursing home)? How can we... View More
answered on Dec 5, 2022
There are ways to keep the house from being 'recovered' by Medicare (in Michigan) currently, but you need to insure it is done right or your mother may not be ELIGIBLE for Medicare.
Seek the advice and drafting assistance of a local probate / elder law attorney to be sure you do... View More
They never shared a marital home he lived with my mother the entire time. She chose to live with her ex-husband and their two youngest children. Unfortunately, my nephew died in the hospital not because of the treatment the doctors were giving him, but because of his lifestyle the treatments... View More
answered on Nov 21, 2022
Certain people have the right to participate in probate court proceedings for a decedent estate. These people are called "interested persons" as defined by Michigan law. For example, a deceased person's spouse is an interested person. If the deceased person had any surviving... View More
answered on Oct 23, 2022
Unlikely. While there is a process to place a will with the probate court for a fee, few people do so. The court would otherwise not have a copy of the will. Your options are to 1) keep searching through personal files and hope you find it, or 2) figure out which attorney may have drafted the will... View More
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?
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.
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
It would be for deceased person's final expenses (way less than the cost of an "average" funeral) paid out of jointly owned checking account with the personal rep having right of survivorship and proven food expense for last three years of deceased person's life paid for by the... View More
answered on Jul 18, 2023
The problem the personal representative has is that where someone provides money, goods, or services to another family member, those things are presumed to be gifts, unless there is some sort of legal agreement between them that those things are not just being provided gratis. So if there is no... View More
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answered on Jul 10, 2023
It is very common for there to be three different signatures on a will, i.e. that of the testator (maker of will) and those o two witnesses. It could be that is what you are seeing.
Current attorney rarely communicates, and has lied about deposition submission. We have been on our own petioning a contested guardian/conservator case. We are out of time, and need guidance.
answered on Apr 1, 2023
That is unfortunate. You can have a third party -qualified attorney take a look at the documents that were prepared and filed on your behalf. With few exceptions, filed pleadings with the court are assessable to the public. I hope this helps. For more information see... View More
I am the guardian of my grandkids and I would like to get them switched to my Medicaid case. I know that they will go after the mother to pay for child support, but what about the dad if there isn't one listed? There is a dad listed in the probate case but he isn't on the birth... View More
answered on Mar 23, 2023
The state will probably seek paternity and a support order on the child's behalf.
We had hired a lawyer to assist in having our son declared an incapacitated adult, and to have ourselves assigned as his guardian. It's been several years since this was done, and the attorney has asked to be removed as the attorney of record. We cannot find how to do that - which form or... View More
answered on Mar 14, 2023
That attorney would need to file a petition to withdraw. You as the client could stipulate to that, in which case I don't think a judge would have a problem signing.
Does that legally mean it’s just her money or would that money have to go into an estate and be split
answered on Oct 6, 2022
Bank accounts that have a payable on death beneficiary designation on them pass outside of probate. That means if your father-in-law named someone as a beneficiary to his bank account, the money belongs to that person, and that person alone, upon your father-in-law's death. That person (she?)... View More
No will. My mother is deceased. She has been remarried for 9 years, her spouse is a Texas resident. She had a home in Michigan for 22 years
The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive... View More
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answered on Sep 30, 2022
With land in MI, her Heirs take, which will be her issue surviving and her surviving Spouse, all as Tenants In Common. Hire a MI attorney to search the Title, determine Heirs and record an Affidavit of Heirship, unless there is a Probate. The former will be the Heirs' recorded source of title.
I have asked to see them but they have refused to show the documents to me
answered on Sep 30, 2022
Your brother and sister have no obligation to share your mother's power of attorney or your mother's trust with you in a strict legal sense. If your mother is living, then it is likely the trust is revocable and she is the only present beneficiary of the trust, and no one else is entitled... View More
The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive the home according to probate in Michigan. Trying to sell currently over 100,000. Can her spouse sign a quit claim deed to a certain person?
answered on Sep 27, 2022
According to Michigan’s rules of intestate succession (when someone dies without a will), as of 2021, the surviving spouse inherits the first $243,000 plus 3/4th of the value of the remaining assets. In short, assuming the market value of the house is $243,000 or less, the house solely belongs to... View More
My brother was in a terrible motorcycle accident and is currently on a ventilator. He has never been married and has no children and lives byhimself. My sister is trying to get legal guardianship without the consent of myself and my other brother. How can I handle this?
answered on Sep 27, 2022
Hi. It looks like you’re in Virginia so the law may differ from Michigan’s where I practice. However, generally, consent is not required from all interested parties. Yet, as an interested party, you do have the legal right to object to your sister’s appointment as guardian if you believe she... View More
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