I am on question 9. It states " I nominate _____ as personal representative, who is qualified and has the following priority for appointment _____. I am a only child and this news for my mom's estate. Do I just put then I am the only child
The 'priority' for appointment is based on the Michigan Probate statute. If there is a will, the person named in the will has priority. If there is no will a surviving spouse does. If there is no surviving spouse all surviving children have equal priority.
By "a wife's rights to everything", I'm assuming you mean the surviving spouse's right to a share of an intestate estate. Generally speaking, if the husband dies leaving a probate estate and leaves a surviving spouse, the surviving spouse is entitled to the first $240,000...Read more »
I'm going through informal probate. There wasn't a will. my half-sister took me to court a while back and I end up being made personal representative of the estate and I had asked my lawyer to find out if she was adopted and he said he asked her lawyer and he said no she wasn't... Read more »
Her adoption status will not matter if it was a step-parent adoption; she is both the child of your common parent as well as her step-dad's, and can take from both estates. Likewise, half siblings are treated the same as any other child under the law.
It sounds like you will need to open an informal estate so a personal representative can be appointed. The personal representative can then sign a deed transferring real estate to the heir(s) of the estate or to a buyer.
& I filed missing persons reports and took dental records to the morgue. No one has seen or heard from my mother since. How do I go about filing a claim for unclaimed property If we have no death certificate?
Have you checked the state treasury office for unclaimed property? Without a death certificate, you will need to prove she died, which is not easy. Have you thought about hiring a private investigator?
Aunt is in nursing home in Michigan, I need to move her to Ohio. I am next of kin and have guardianship. I told the judge I wanted guardianship specifically to move her to Ohio. He said I have 4 months to do so, but paperwork states I can not move her out of state. No one is giving me the... Read more »
America for a refund of some kind. I know she'll have a small tax refund when I file her last return. What form(s) do I need to file with the courts to be able to cash these? I do not have any bank accounts with her name on them. Thanks.
You will need to file an Application for Probate along with the Will nominating you as Personal Representative. The Will must first be admitted and you must be appointed and receive Letters of Authority before you are authorized to transact any business on behalf of your mother's estate.
Membership interest in an LLC is considered a person's personal property, which upon someone's death, would go according to the terms of any will or intestacy. Unless the will says otherwise, the wife would likely receive.
The guardian refuse to communicate with me as well as all other parties. I then left my contact information as an interested person. I was never contacted. The guardian was to be investigated nothing indicates the guardian was investigated. The ward was abused and passed away. The guardian and the... Read more »
If the ward has passed away, the guardianship is set to end. Who was to do the investigation? If nothing was found, or even if it was, there may not be an obligation to have informed you of the results.
With the ward now deceased, an estate may need to be opened. The term "interested...Read more »
I came across a document where the guardians last name had changed to the same as the ward and the case number was different. I searched for a name change for the guardian and couldn't find any name change. Is this legal? The guardian also had the ward to obtain a copy of his birth certificate... Read more »
Independently, each thing you mentioned probably doesn't amount to much; collectively, perhaps there's more. But if you are questioning the guardian's capacity to act for the ward's best interest, there's a high standard to meet with more specific factors.
There's no sale of property or interest from one heir to the other needed. Even if we decide to convey to only one heir, there's still not sale or request for payment from the other heir. So, we only see the petiton for approval to sell available for Michigan, which seems like the wrong... Read more »
Only 2 heirs, one is the Personal Representative, with an agreement between heirs that the PR Heir will take over the Property, the other heir simply do not want any interest in it. The other Heir is not requesting any payment for relinquishing interest. The property has no Mortgage & a SEV... Read more »
It depends on the restrictions included on the Personal Representative's Letter of Authority. If it contains a restriction against conveying, selling, transferring property which is standard in Wayne County Probate Court, then prior court approval is required before the PR can execute a...Read more »
There should be a written agreement between the heirs that one takes the house. Then the PR executes a deed of personal representative to that person. Because you are dealing with real property, you should do this under direction of an attorney.
Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property. Which type of Deed(s), affidavit or waivers will be needed to convey &... Read more »
You transfer it in the same way the personal representative would transfer any other property. With a proper deed and property transfer affidavit(s). But if the transfer is different than what the will/laws of intestacy calls for by agreement of the parties, there also needs to be appropriate...Read more »
My husband only really owned (other than personal effects) a non running car and his half of the manufactured home. He owed 2 loans when he passed one for 1000 and one for 4000. He lived in St. Clair County Michigan with no will. Will I have to sell the home or his half to settle his debts? The... Read more »
Is this a guardianship or conservatorship? A probate estate would not be opened until someone dies. In all cases, there is no "paperwork" you can file to become an interested person. You either are an interested person or not, and that is determined by statute and court rule. Generally,...Read more »
A man who was like a father to me growing up is now under probate court. His cousins have guardianship and conservator. They said now is not a good time. I've gone to his old residence a few times and they're refusing to tell me where he is now living. What I've gathered is an... Read more »
You're in a tough spot. If his family is unwilling to tell you where he is, you could try going to the probate court to look at the record. But even with that, his family could legally tell the facility not to let you see him. Whether they would do that or not, we can't tell....Read more »
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