Get free answers to your Probate legal questions from lawyers in your area.
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 
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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
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... View More
Wife died 7 years ago. Has 3 surviving children.
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... View More
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
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?
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... View More
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
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?
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
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
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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... View More
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?
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
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?
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... View More
Deed is made out subject to quit claim deed made out at the same time.
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... View More
Family who lived there is dead. I'm paying the back taxes.
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... View More
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?
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
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?
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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
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
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... View More
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
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... View More
The brother dies, does the original owner get it back? No one has been able to answer my question
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
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
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... View More
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
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
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
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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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