You should begin 'as soon as possible' but if you don't act within a reasonable amount of time, the creditors may file instead, but the FIRST question you must consider is whether or not a probate petition is even necessary.
She had my mom sign numerous checks with loan in the memo line. Over 125k. I do not believe my mom was aware of her balances. She died from Parkinson’s. My sister and I inherited the house. The only way to recover the money would be from her 1/2 of the house. A case has not been opened in... Read more »
Probation is something that's part of a criminal sentence. If you want your son to have a criminal record, you can make a police report. Then the police and prosecutor can find a way to charge him. It could also get you a visit from Child Protective Services. Those things may not work out so...Read more »
You should hire a Michigan trust administration attorney to help you sort this out. At the very least, the attorney can write a letter to the trustee demanding a copy of the trust and an accounting. Do not delay. If you wait too long you may lose your rights as a legal matter due to the passage...Read more »
Yes, you will need to get an order from the probate court. That could be in the form of a petition and order for assignment, or by opening probate and having a personal representative appointed who can do the transfer. For assistance, you should call and hire a probate attorney to help you with the...Read more »
Her. My lawyer says she’s entitled to my brothers portion. Gave my lawyer an address I found on line which was out of state and that was 5 years ago. My brother has been gone for 10 years. Her portion is sitting in my bank in an account by itself. Nothing is happening. What I am asking is is... Read more »
You need to get with a new probate attorney. There are several factors in play here: presumptively, the estate is no longer open; was the daughter provided notice?; was this woman determined to be an heir?...too much to go into on a forum
My elderly father's wife suffers from addiction (refuses treatment) and abuses him. I have proof. He would not technically be considered a vulnerable adult but one could argue he is as he allows it to continue. She needs a guardian and court-mandated treatment. I cannot allow this to continue... Read more »
I think you should reconsider giving Adult Protective Services a call first. If you filed for guardianship - skipping that reporting step as you say - you'll find that before the court appoints a guardian, there will be someone appointed - a GAL - to investigate and make a report and...Read more »
It is hard to tell what is really going on here. If you are living in a house that is owned by the trust, then you could face eviction if the trust does not allow you to live there and the trustee believes it is in the best interest of all concerned to sell the house. If you a beneficiary of the...Read more »
Trust was made in 2006. My father passed in 2017 and my mother is still alive. I understand that the house is now owned by the trust. But after my mother passes and I put the house in my name will the taxes on the house go up or will I pay the rate at which my parents were paying.
My mother and father were married and had 4 kids together but when my father passed there was no will so does the estate go to his immediate family that he widowed or do the other kids have a share aswell?
Your father's wife (your mother) would be entitled to the bulk of your father's estate through the spousal election. Beyond that, children are treated pretty equally regardless whether they are children of the surviving spouse, adopted, or half-blood. And so, yes, potentially your...Read more »
I'm 38 his friend that was the cosigner on his house passed july 2020. Can me and my adult sibling sue her estate for back child support Michigan since after he died it went to her they weren't married
My ex wife recently passed away completely unexpectedly with no will. She was not married, we live in Michigan and we have 3 minor children that we shared custody of (her only heirs and family in the United States). She has a home in our preferred school district that is currently just sitting... Read more »
My sister, and my Mom's brother, truly believe my Mom was coerced because we knew her, and too many things went against her known wishes. Still is. He is easily a multi millionaire, and my Mother told my sister and I repeatedly what she wanted us to have. Most pre-him coming into our lives.... Read more »
Possibly, but it's a longshot. You would need to establish the wrongdoing, which won't be easy. To compound the problem, even if you successfully challenge the validity of the trust, negating the terms of the trust, your mom was still married to this man and he would then be eligible to...Read more »
Our 30 year old daughter passed last year suddenly, no will, now my ex got a lawyer and is suing the hospital etc. for wrongful death, medical malpractice and other damages. I was sent forms to sign that I agree with her and fully cooperate with their legal services, which I don’t agree! My... Read more »
Interesting. Wrongful death and medical malpractice claims are complex enough that you would be well advised to discuss this letter with an attorney before signing it. Your ex can, quite likely, proceed without your signature or cooperation.
My grandmother passed away, her 2 children don't want her house, they're letting HUD take it. I want to buy it, but they keep saying no they just want HUD to take it. How can I become an heir or get authorized to buy it so HUD's management company will discuss buying her house with... Read more »
Has someone begun the probate process? You may have priority to do so if the ones 'ahead of you in line' don't, which it sounds as though may be the case. Did your grandmother leave a will? Are you listed in that will? What is the status of the house? Why does HUD have an interest?...Read more »
My father died two weeks ago. My parents were divorced 8 years ago and the house was supposed to be split but my father would reside there (as stated in the divorce order). Well, the house was never sold or mortgaged so my mom was never given her half. Her name is still on the deed of the house.... Read more »
Am I able to assume her Mortgage and keep making the payments or am I required to sell the home and land. I want to keep the property and can make the payments. But I don't know how the process goes and am feeling overwhelmed.
You can keep the property and continue making payments. Federal law, 12 USC 1701, invalidates a due-on-sale clause in this instance. You may want to confirm this with the lender because, although I believe this law to be applicable, there may be facts of which I am not aware.
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