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Michigan Probate Questions & Answers
1 Answer | Asked in Probate for Michigan on
Q: No will.

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... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
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.

2 Answers | Asked in Probate for Michigan on
Q: No will. My mother is deceased. She has been remarried for 9 years. 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 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?

Brooke Lauren Archie
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Brooke Lauren Archie
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... Read more »

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2 Answers | Asked in Probate and Family Law for Michigan on
Q: How do I stop a legal guardianship on an adult?

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?

Brooke Lauren Archie
PREMIUM
Brooke Lauren Archie
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... Read more »

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3 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Is a Notice to Creditors required for a person who dies who has ONLY a Trust and no will on file at probate court?

My mother is 97yo. She has no property that she owns and no car. She is in hospice and close to death. Her assets include only 3 POD CDs, a checking account (current values < $50,000 for monthly recurring bills; one credit card with a balance of < $100; a Savings account of just over $1,000;... Read more »

Brooke Lauren Archie
PREMIUM
Brooke Lauren Archie
answered on Sep 22, 2022

Short answer is no. If she has no assets to be probated , and no will to be admitted, there’s no need to open an probate estate in the court. Absent opening an estate in probate court, there’s no legal requirement to publish notice to creditors as they can only file claims against probate assets.

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1 Answer | Asked in Probate for Michigan on
Q: After Proof of Service for Informal probate has been mailed. Can you hire a different lawyer instead. Nothing filed yet.

After Proof of Service for Informal probate has been mailed. Can you hire a different lawyer instead. Nothing filed yet.

After Proof of Service for Informal probate and appointment of PR, notice intent request informal appt PR were mailed out. 14 days is not here yet, nothing filed yet. Can... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 20, 2022

Your 'next steps' probably depend on the retainer agreement you signed.

Yes, you CAN always change lawyers, but bear in mind:

1) You're complaining about a (less than) one week delay in mailing paperwork,

2) Nothing CAN be done during that 14 day waiting...
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1 Answer | Asked in Probate for Michigan on
Q: After Proof of Service for Informal probate has been mailed. Can you hire a different lawyer instead. Nothing filed yet.

After Proof of Service for Informal probate and appointment of PR, notice intent request informal appt PR were mailed out. 14 days is not here yet, nothing filed yet. Can you hire a different attorney instead? If so, does another notice need to be filed again, waiting another 14 days? No... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

If the reason to look for a different attorney is dissatisfaction with the timeline so far, I think your concern may be a bit unfounded at this point. It is not unusual for notices to go out, and then proof of service of those notices to be sent to the court later. 14 days is 14 days, but you also... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: My father passed in 2021 and I'm executor of estate. My sister wants copy of his taxes, do I have to give copy to her?

The estate has been completed and payments given to everyone. His original taxes for 2022 have been filed and are kept with the rest of his records in a safe. Do I legally have to give her a copy?

Trent Harris
Trent Harris
answered on Sep 7, 2022

Most likely yes. You have a duty to act in the best interests of the estate and heirs and devisees. You also have a duty to provide reasonable information about the estate and estate property to the heirs and devisees of the estate, especially information pertaining to the financial condition of... Read more »

1 Answer | Asked in Probate for Michigan on
Q: quMom deceased recently. Mom is married, no will. Her domicile is in Texas, also has a non homestead in MI. Mom and

daughter are on warranty deed in MI. No mention of survivorship on warranty deed. Does Mom's portion need probate still? Mom's spouse willing to sign Quit Claim deed to daughter on the said deed. If probate needed, can you file in TX & MI, can spouse still sign Quit Claim to... Read more »

Trent Harris
Trent Harris
answered on Aug 31, 2022

Based on the information given in your question, it sounds as if the deed to mom and daughter conveyed the property to them as tenants in common. If this is the case, then some type of Michigan probate procedure will need to be used to transfer mom's interest. Your best bet is to contact a... Read more »

1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: How do I transfer property from a deceased parent to one of his sons?

Probate court is currently open, which doc would we need to send to the deeds office?

David Soble
PREMIUM
David Soble
answered on Aug 29, 2022

Real estate and probate matters very frequently intersect. You need to first confirm that you have authority from the court to transfer or convey real estate out of an estate. If you do, then the personal representative has authority to create a deed during the pendency of a probate estate... Read more »

1 Answer | Asked in Probate for Michigan on
Q: Looking for attorneys legal responsibility after writing WILL and person is deceased. Will and death both in same week

Michigan law

Brooke Lauren Archie
PREMIUM
Brooke Lauren Archie
answered on Aug 25, 2022

If I’m understanding your question, you would like to know what responsibility the attorney who drafted the will has after the death of the testator. Generally, the answer is none. The proximity of death to the execution of the will may or may not be relevant, but it is not absolute. The drafting... Read more »

1 Answer | Asked in Family Law, Personal Injury, Estate Planning and Probate for Michigan on
Q: I am 65 years old. My father is 97 and has millions. Can I sue him for neglect that occurred 62 years ago?

I was 2 years old when I was injured and traumatized by an event that shaped my life. He is a religious man with millions and now that he is in his last years and he continues to deny his responsibility and is punishing me for not following his faith by leaving me out of his will. Can I sue him for... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 5, 2022

A Michigan attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You could reach out to attorneys to discuss, but keep in mind that law firms that handle injury cases might not consider something like this on a contingency basis. There is also the... Read more »

2 Answers | Asked in Probate and Estate Planning for Michigan on
Q: When my mother passed away the deed to the house was in her name and my brothers name was on it in survivorship only,

My brother has recently passed away he never put the deed in his name so is it part of his estate or would it be my mother's estate?

Trent Harris
Trent Harris
answered on Aug 1, 2022

It's unclear from the question whether your brother was a remainderman on a lady bird deed (he only became owner when your mother passed) or whether your brother was a joint tenant with your mother, who had right of survivorship. Either way, if your brother survived your mother, the house... Read more »

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1 Answer | Asked in Probate for Michigan on
Q: How long does a beneficiary have to collect items left to them in a will after the estate has closed?

Waiting on beneficiaries to collect items left to them in the will but don't want to hold them forever.

Brent T. Geers
Brent T. Geers
answered on Jul 29, 2022

There is no "right" answer. Assuming the personal representative has notified the beneficiaries, it may be reasonable to assume the beneficiaries do not want the items. No one is required to take anything. If these are personal property items, most wills would allow for the PR to... Read more »

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Is an estate lawyer required to provide a copy of a Will to a person named in the Will?

The law office that took care of my father’s will will not provide a copy of any of the children listed. He said I needed to contact the lawyer of the co-representative of the estate that had nothing to do with drawing it up

Trent Harris
Trent Harris
answered on Jul 27, 2022

The directions given to you by the drafting attorney are correct. When an attorney drafts estate plan documents for a client, the attorney owes the client the duty of confidentiality, even after death. After a client's death, the only person who can waive confidentiality for the client is the... Read more »

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2 Answers | Asked in Probate for Michigan on
Q: Dear Lawyer, What are the consequences for the appointed representative failing to close an estate properly?

I have a probate issue that I have to appear in court for at the end of the month. I was appointed as the administrator of my mom's estate and i didn't handle every aspect properly. I'm not sure of what to expect when I appear in court for this matter.

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 20, 2022

It all depends on what you didn’t do.

Your BEST option will be to hire a local probate attorney to help you complete everything. That attorney can look at all the facts and help you understand and ideally also ‘fix’ the problems.

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2 Answers | Asked in Estate Planning, Probate and Tax Law for Michigan on
Q: My father passed away at the end of May of this year. He was retired, so received Social Security and a small pension.

Will I need to file income tax on his SS and pension earnings or will this be taken care of in Probate? Thank you.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 8, 2022

Most probate attorneys do not include tax compliance as part of the engagement, but some do. The bottom line is you should discuss this with your probate attorney so that you have clarity regarding who is going to take care of that.

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1 Answer | Asked in Collections, Contracts and Probate for Michigan on
Q: If a car has a clean title with no lean against do I have to pay the payments after my husband died?

When he took out the loan we were told they didn’t process it right an d we had to get the title. This loan person was not nice told us we had to car DMV in Ohio to get it. I refused it was 4 months of driving without plates. She finally got the title and gave it to him we transfered it and now... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 21, 2022

If the vehicle is titled in Ohio, I recommend that you hold out for an answer from an attorney in Ohio. I am not, so I am going to give a brief answer based on Michigan law.

I do not see a reason to agree to have a lien evidenced on the title. However, if the vehicle is titled to your...
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1 Answer | Asked in Probate for Michigan on
Q: In Michigan. For a small probate estate do you have to list value for old bed sheets and towels and costume jewelry?
Kenneth V Zichi
Kenneth V Zichi
answered on Jun 2, 2022

Do these items have significant value or will they be an issue in how the estate is divided?

At most ‘misc. personal/household goods’ is probably fine but … there are probably lots of other pitfalls that you’re not considering.

I’d strongly recommend you consult with a...
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1 Answer | Asked in Probate for Michigan on
Q: Is the only way to petition for a name change in Wayne County through probate court?
Brent T. Geers
Brent T. Geers
answered on Jun 2, 2022

Probate courts has subject matter jurisdiction over name changes.

2 Answers | Asked in Family Law and Probate for Michigan on
Q: Hello. Im in Michigan and I am filling out informal probate / personal representative form 558. I'm stuck on question 9.

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

Kenneth V Zichi
Kenneth V Zichi
answered on May 23, 2022

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.

If you don't...
Read more »

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