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Michigan Probate Questions & Answers
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
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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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2024

More information is needed to answer this question. It is not apparent whether your sister had the authority to sue for eviction. Was she the owner of the house? Whether the probate action will result in different ownership is another question. Were that action to result in the recognition of... View More

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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

James L. Arrasmith
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answered on Mar 26, 2024

When a property goes into probate after an eviction order has been issued, the situation can become complex. Probate is the legal process where a will is reviewed to determine whether it is valid and authentic. However, typically, an eviction order issued by a court before the property was placed... View More

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1 Answer | Asked in Consumer Law and Probate for Michigan on
Q: michigan. my mom is only one on car title. she died dec 2022. it's bequethed to me in will. no probate. everything joint

ly owned except car. i'm executor/personal rep of will. i've been driving it and paying the car loan and ins monthly since dec 2022. tabs are now expired. everything still in her name. lien on car. can't transfer title, not enough $$ for pay off. neighbor says i can register the car,... View More

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

Well -- you COULD lie and claim to be your deceased mother, and renew the plates, but then you have to also lie to the insurance company and risk getting caught in insurance fraud .... etc. I'd suggest that isn't such a good idea.

Can you get new tabs for the car without...
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1 Answer | Asked in Probate for Michigan on
Q: I am the PR and our probate is done but not closed. The house was sold & my attorney didn't have time to provide a deed

so the realtors office took care of it.

Now my attorney wants to charge me more for a deed to a small piece of vacant property left to my sister and I. I am giving my half of the property to my sister. Is the property now part of the estate?

Can I send a quick claim deed to the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 19, 2024

If you already have an attorney it would be inappropriate to answer here, however, since there is no such thing as a ‘quick claim deed’ it IS clear you need legal help to complete the probate.

If there is property in the estate it isn’t ‘done’. If you want a second opinion you...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: A man quit claims his property to his brother, that man dies. Does the man who quit claimed it, get it back?

The brother dies, does the original owner get it back? No one has been able to answer my question

David Soble
David Soble
answered on Feb 19, 2024

A deed is essentially a contract that conveys real estate. Once the deed is signed over to another party (the grantee) the grantor (the person deeding the property) has no further interest in the property. There are exceptions to conveying real estate by deed, and when it comes to probate or... View More

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1 Answer | Asked in Probate for Michigan on
Q: An attorney was hired by a proposed PR, someone else was elected PR. Does the estate have to pay the attorney fees?

The attorney has made a claim against the estate, provided a brief description, no billing, no agreement, was not hired by the PR of the estate. Did not assist the PR of the estate. The PR appointed has not used anything from the attorney. What can be done to fight the attorney fees? What type of... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 5, 2024

Assuming the PR has an attorney (and if they don't they SHOULD!) the attorney hired can respond to the claim.

There are deadlines for responding to a claim so be sure you adhere to those deadlines and if you don't already have an attorney get one ASAP to insure you have time to...
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2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: I want to challenge a quick claim deed my brother had done and during this time my mom was sick in hospital

My mom did a lady bird deed for me conveying the house to me since. 2018-2022 and my brother changed it when she was sick how can I challenge the deed my mom couldn’t sign her name no more like it was on the deed my brother done

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 10, 2024

I concur, but not just a 'Michigan' lawyer, but one in the area where the house is located. Michigan as you know, is not a 'small' state -- an attorney in Houghton will not be of much help in a dispute in Saginaw, Bad Axe, Traverse City or Grand Rapids, and one in Detroit... View More

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2 Answers | Asked in Probate for Michigan on
Q: Is an attorney necessary to file an Application for Informal Probate Court form in the State of Michigan?

My husband’s father died recently, his sister is the PR and she will not share a copy of the will or trust with my husband. According to her, these documents were updated recently.

We are wondering if filing an Informal Probate request with a 2018 will have the effect of her having to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 8, 2024

The PR cannot 'just decide' to not share documents. Michigan Probate REQUIRES sharing things like a death certificate, petition to open probate and also any Will covered by probate. Sharing the text of the trust with the named beneficiaries is also 'just good form'.

It...
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2 Answers | Asked in Probate for Michigan on
Q: Is an attorney necessary to file an Application for Informal Probate Court form in the State of Michigan?

My husband’s father died recently, his sister is the PR and she will not share a copy of the will or trust with my husband. According to her, these documents were updated recently.

We are wondering if filing an Informal Probate request with a 2018 will have the effect of her having to... View More

T. Augustus Claus
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answered on Jan 4, 2024

In the State of Michigan, filing an Application for Informal Probate with the probate court does not necessarily require an attorney, and individuals can often complete the process themselves. However, it's essential to note that the probate process can be complex, especially when dealing with... View More

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