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Michigan Probate Questions & Answers
4 Answers | Asked in Bankruptcy and Probate for Michigan on
Q: Is surviving spouse responsible for deceased spouse's sole credit card debts?

Is a surviving spouse responsible for paying off credit card debts that were solely in the deceased spouse's name if the jointly owned home could cover these debts?

Ralph Reisinger
Ralph Reisinger
answered on Feb 28, 2025

As a general rule in Michigan a spouse is not responsible for the sole debt of a deceased spouse. If the home was held in the entireties - as husband and wife, a creditor of the deceased spouse could not attach a lien to the home. Whether a creditor could make a claim against the probate estate,... View More

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1 Answer | Asked in Probate and Child Support for Michigan on
Q: Can adult child drop back child support owed to deceased parent?

As the adult child managing my deceased parent's estate, can I drop or forgive the back child support owed to my deceased parent by the other parent?

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 25, 2025

The Personal Representative can settle and compromise claims in many circumstances but it is not a ’yes/no’ situation.

It is POSSIBLE to act in this way, but ONLY if it is in the ‘best interest of the estate’.

If you don’t already have an attorney, you need one to insure...
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1 Answer | Asked in Estate Planning, Probate and Personal Injury for Michigan on
Q: Include Humane Society in Affidavit of Small Estate post-probate?

We received notice from a life insurance company after the probate was closed, asking us to file an Affidavit of Small Estate and provide a copy of the living trust that names us and The Humane Society as 50/50 beneficiaries. The Humane Society already received its share before probate closure.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 24, 2025

Something doesn’t ’add up’ here. If there was a trust there wouldn’t have been probate absent someone doing something wrong.

If the probate is closed you may need to reopen it but life insurance doesn’t usually go through probate at all unless there is a failure to name a...
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2 Answers | Asked in Probate for Michigan on
Q: I have a hand written will with two witnesses is that acceptable in probate court in Macomb county? It is not notarized.

My sister has passed already and I’m trying to pay for her funeral expenses and storage units.

David Soble
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David Soble
answered on Feb 3, 2025

Holographic wills are valid in Michigan provided that they are written in the decedent's handwriting and endorsed by the decedent. No witnesses are needed, but be prepared to be challenged in probate court. It will help you significantly if you can find the witnesses and take affidavits of... View More

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2 Answers | Asked in Probate for Michigan on
Q: I have a hand written will with two witnesses is that acceptable in probate court in Macomb county? It is not notarized.

My sister has passed already and I’m trying to pay for her funeral expenses and storage units.

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 4, 2025

Mr Soble is correct, however, if there are two witnesses it may not be necessary to be considered a 'holographic' will. Wills don't need to be notarized, just witnessed by two disinterested adults.

I do however suggest you should consult with a local probate attorney to...
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2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: My neighbor passed away and left me her mobile home and car but she didn't notarize her will
Thomas. R. Morris
Thomas. R. Morris
answered on Jan 31, 2025

Under Michigan law, a will does not have to be notarized. See MCL 700.2502 for the requirements. It is reprinted below. Having a valid will is the first requirement. You will also need to have the will probated.

700.2502 Execution; witnessed wills; holographic wills.

Sec. 2502....
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2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: My neighbor passed away and left me her mobile home and car but she didn't notarize her will
David Soble
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David Soble
answered on Feb 1, 2025

Generally speaking, a decedent's will needs to be witnessed by 2 witnesses or have a notary witness the signature. However, if the document was in their own handwriting, signed and then dated, it may be admissable as a will. It still can be challenged for a variety of reasons, such as... View More

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1 Answer | Asked in Probate for Michigan on
Q: When a probate judge appoints a convicted felon as personal representative in an interstate is that Color of Office?

All heirs weren't listed, it appears the money has been distributed did this constitute Civil Theft? There is also First Amendment retaliation in that proper notices weren't received, inspection of file and records were denied. Unrelated cases were opened and the next surviving relative... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 9, 2025

Your situation is unclear at best, the ‘first amendment’ has nothing to do with this sort of thing but what is clear is you need to have a local licensed attorney review all the related paperwork ASAP and determine if you have basis for an appeal or some other civil action to recover whatever... View More

1 Answer | Asked in Probate for Michigan on
Q: Probate court issued a bench arrent for me, I need to know the best way to get it cleared up?

The warrant is for failure to file an accounting form. I did try to reach out to the court about help with filing the form and no return response. Nonetheless it didn't get filed. So now I have a bench warrant with an $11,000 bond no 10%. I need to get it cleared up. I tried to contact the... View More

Anthony M. Avery
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answered on Nov 19, 2024

Hire a competent MI attorney to draft your final accounting. File it and serve it on all interested parties. Then your lawyer takes you to Probate Court and asks to to set aside the capias since you have finally filed the required accounting. You may need to put your own money in the... View More

1 Answer | Asked in Probate for Michigan on
Q: I applied for a petition in order but then I found last well and testament to get to account
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 8, 2024

That isn't a question, but a will won't 'get you into an account' you still need letters of authority.

Where is the estate to be probated? Is there something more than just the one bank account and is it below 10-15k?

There may be other ways to proceed, but if...
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1 Answer | Asked in Probate for Michigan on
Q: My father just died. Estate would be 2 old vehicles worth 20k total and about 25k in life insurance. Do I need probate?

Wife died 7 years ago. Has 3 surviving children.

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 23, 2024

Was there a beneficiary named on the life insurance? If so you probably do not need probate, but the analysis is more complicated than that.

Please consult with a local licensed attorney to review ALL the facts of your case to insure there aren’t other issues. Starting probate...
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1 Answer | Asked in Probate for Michigan on
Q: I'm trying to get a certified death certificate for someone who was born in 1889 and last seen around 1940.for estate.
Brent T. Geers
Brent T. Geers
answered on Aug 6, 2024

You may have to go about having the person presumed dead. Certainly enough time has passed where you can make the claim. Do you know what county the person may have last been in? That would be the county where a death certificate could be found. But given that time period, it's certainly... View More

1 Answer | Asked in Probate for Michigan on
Q: Adult child dies in Michigan. Mother raised child. Father never involved. Does the absent father get 1/2

My 40 yr. old daughter was found dead on 3/2/24. I raised her alone all of her life. Adult child's father was never present, never paid child support, don't know where he lives. Adult child has no children. Adult child was mentally ill. Does the father get 1/2 of her small estate?

Brent T. Geers
Brent T. Geers
answered on Jul 2, 2024

On its face, yes, the father would receive 1/2 of the estate. BUT, see MCL 700.2114 that says in part:

"(4) Inheritance from or through a child by either natural parent or the child's kindred is precluded unless that natural parent has openly treated the child as the natural...
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1 Answer | Asked in Landlord - Tenant, Probate and Estate Planning for Michigan on
Q: Can someone take my role of personal representative over an estate from me just because there mad that I am evictingthem
Brent T. Geers
Brent T. Geers
answered on Jun 12, 2024

They could try, but they would need to fall within the priority list of people who can serve as a personal representative - generally meaning they would need to be more closely related to the deceased person. AND they would need to convince the probate court judge that you are not performing your... View More

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: If I’m married and my spouse dies and I don’t have a will or trust does all my property automatically go to our children

There is also 2 step children. They are from the deceased husbands first marriage. Are they entitled to anything? Could they take my children to court?

Brent T. Geers
Brent T. Geers
answered on Jun 11, 2024

If your spouse dies before you, you would then legally be considered single. To the extent your spouse does not have an estate plan, joint accounts, or beneficiary designations to the contrary, the lion's share of his or her property would go to you as the surviving spouse, with any remainder... View More

1 Answer | Asked in Estate Planning, Probate, Gov & Administrative Law and Military Law for Michigan on
Q: I have a probate problem and more than 1 question, is there someone I can speak to?

My dad died before I was 1, he wasn't married to my mom, he was a military vet (Master Sergeant) who served from 1941-1967 and died in 1977, I wasn't mentioned in his probate papers,bi was taken from my mom rt after and raised in foster care, I'm his only living relative and I want... View More

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about your situation. Navigating probate, estate matters, and military records can be complex, especially given the circumstances you described. Here are a few steps you can take to gather more information and seek assistance:

1. Military records: To obtain your...
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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Michigan on
Q: Can someone build a small house on property that is in our dads name but is in an estate/probate.

Our dad passed away 11 years ago and my mom 1 year ago. Right now the property is in an estate and my sister wants it and started building on it already. And shouldn't she buy the other siblings out?

David Soble
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David Soble
answered on Apr 24, 2024

It will depend on what the Letter of Authority provides- whether the property can be sold or mortgaged during a time that the estate action is open, will be determined by the Court. Additionally, it will depend on whether the decedent died intestate or not - but it is not uncommon that one or more... View More

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1 Answer | Asked in Probate for Michigan on
Q: My mother passed last month, leaving no one as a beneficiary on her 401k.

My sisters and I were informed by Probate that we can not go the simplified process do to the amount. What steps need to be taken to receive her benefits from Fidelity. My sister is listed as the Power of Attorney, with another sister and myself, would this help the process?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 15, 2024

PoAs are ineffective after the principal dies so that means nothing. Did she have a will and was there a personal representative named in it?

If so that person has ‘priority’ to start probate. If not you and all your siblings — assuming your mom was unmarried at the time she passed...
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1 Answer | Asked in Probate for Michigan on
Q: If a quit claim deed doesn’t say rights of survivorship is it void?

Deed is made out subject to quit claim deed made out at the same time.

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 1, 2024

A deed does not HAVE to reference survivorship to be ‘valid’ but it WILL impacct HOW it works.

Without seeing the deed and understanding exactly what your question is, an answer is impossible though.

I’d urge you to bring the document(s) to a licensed local attorney to...
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1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: My family home has been left to me. How do I get my name on the deed? The deed is clear. What do I do now?

Family who lived there is dead. I'm paying the back taxes.

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 26, 2024

That depends on how it was 'left' to you.

By a ladybird deed? Record the appropriate death certificate(s) and property transfer affidavits with the appropriate agencies.

By Will? Probate the estate and the PR can transfer by deed.

Some other way? Some other...
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