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Michigan Probate Questions & Answers
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
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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

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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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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1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Michigan on
Q: So when my dad passed away and he says we get 50% of whatever he has. We have to wait till my stepmother dies to get our

To get our inheritance.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 2, 2024

What he SAYS is actually of no import. HOWEVER, what does matter is his what estate planning documents have put IN WRITING.

I don't actually see a question here, but without reviewing the documents it is impossible to say what you might expect, and when you might expect it. IF your...
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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: In Michigan, may the spouse have the deceased spouse's mail forwarded?

Spouses were living separately. Can the wife have her deceased spouse's mail forwarded to her home?

James L. Arrasmith
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answered on Dec 31, 2023

In Michigan, as in most states, the process of handling a deceased person's mail is governed by specific legal and postal regulations. As a spouse, you have certain rights, but these need to be navigated carefully, especially if you were living separately at the time of your spouse's... View More

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: My stepmom said to my brother. That archer, and our share is roughly eight hundred thousand now my brother asked for the

My stepmom said we are to our father's passing is $800000 now. She hasn't reached out to us in a timely matter. Should we get an attorney and also, what would he die without a welcome? What do you think the money's ad was a hole held

James L. Arrasmith
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answered on Dec 31, 2023

In your situation, where there is a significant inheritance involved and some uncertainty about the distribution of assets after your father's passing, it's advisable to consult with an attorney. Legal guidance is especially important if the estate distribution seems unclear or if you... View More

1 Answer | Asked in Probate for Michigan on
Q: If i didn't sign as a guarantor on any court document, am i liable for attorney fees and burial expenses?

My cousin and brother brought this inheritance to probate court and signed all paperwork before the attorney located myself and another brother. I believe that if i did not sign any form of guarantee that all legal fees and burial expenses should be the responsibility of the individuals who did... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 27, 2023

They are generally the responsibility of the ESTATE to pay which means it becomes a 'proportional' expense that all heirs/devisees share in paying through the mechanism of 'lowering the distribution'.

Look at it this way, if the $100,000 house in a probate estate has a...
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1 Answer | Asked in Family Law, Elder Law and Probate for Michigan on
Q: What (in detail) is a verifiable 3rd party in Michigan when it comes to Adult Guardianship visitation & my rights as GA?

I was appointed full Guardian of my mother. I signed a settlement before trial with my sibling (opposing party & lives out of state). Visitation is of subject. The settlement says the following: Social plans for "mom" shall be considered if they conflict with a proposed visit,... View More

Brooke Lauren Archie
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Brooke Lauren Archie
answered on Dec 20, 2023

Although many of us will read the terms and think that the meaning is clear, it is apparent that there may be multiple interpretations of the visitation terms that the court has put in place. In instances like this, particularly where there has been discord among the interested parties, the best... View More

2 Answers | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: How can I find out who the lawyer is that is overseeing my fathers will
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 20, 2023

Lawyers do not ‘oversee’ wills.

Is your father still alive? You have no rights your father doesn’t provide you — ask him and if he chooses to answer — there you are. If he chooses NOT to answer — there is no recourse.

Is your father now deceased? The Personal...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: How can I find out who the lawyer is that is overseeing my fathers will
T. Augustus Claus
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answered on Dec 20, 2023

To find out the lawyer overseeing your father's will in Michigan, start by checking the will for any mentioned contact information. Reach out to the executor, if appointed, as they likely have details about the lawyer. Contact the probate court in the county where your father lived at the time... View More

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1 Answer | Asked in Probate for Michigan on
Q: Is Michigan's probate Notice of Intent form (PC 557) needed if a Personal Representative is named in a Will?

We lost your stepmother last month. She had both a Will and Addendum to her Will Notarized and Witnessed. She has no natural children, both her spouse (my father) and parents are deceased. She has a sister living. She appointed me as Personal Representative in her Will. When I file the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 15, 2023

My condolences on your loss.

The BRIEF answer to your question is: no that form is not needed.

This and SO many other questions will be resolved quickly and easily and with relatively little cost if you hire a local licensed attorney to help you. None of the forms and procedures...
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1 Answer | Asked in Probate for Michigan on
Q: If my parent died, did not specifically disinherit me from the will, but named the others, do I have grounds to contest?

My parent died last year, I was not informed about will or trust, I am not specifically disinherited from the will, but the other children are specifically mentioned. Do I have grounds to contest the will and/or entitled to any assets, or will I be turned down?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2023

There is a QUESTION, but nothing is guaranteed. I always advise people to SPECIFICALLY name someone they intend to disinherit just to avoid the ‘dad was getting old and just forgot’ argument to challenge the Will.

That’s exactly what You have here but that doesn’t necessarily mean...
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1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: Unmarried parents. Only deceased father’s name on deed.His other children took his 2 other houses. Need my name on deed

How to get my name on this deed, my home since birth. My mother lives there too but with dimentia.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2023

If I understand the question properly, your father has passed, and only his name was on the deed to the house you're interested in. Your mother, who was not married to your father, is still alive but not competent, and you want to put the house into your name alone despite the fact you have... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Probate for Michigan on
Q: How is it known to the public if court records are or files are sealed?
James L. Arrasmith
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answered on Nov 28, 2023

There is typically no way for the general public to know if court records or files have been sealed unless this is specifically disclosed by the court. Sealed records are, by definition, restricted from public access and inspection.

Instead, here is what generally happens when records are...
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1 Answer | Asked in Family Law and Probate for Michigan on
Q: My fiance died with no will. No kids. His new phone is on my plan with a significant balance. His sibling took his phone

His phone is fingerprint and passcode locked. If I pay off the balance, is the phone legally mine since it is on my account.

Update.

I have asked for the phone back since I am paying the bill. They will not give it back.

Brent T. Geers
Brent T. Geers
answered on Oct 30, 2023

This is a scenario with a legal answer and a contrary common sense approach.

If the phone is on your account, you are ultimately responsible for the balance. That has nothing to do with the sibling. Why would he or she want the phone? Have you, or could you, ask for it back? If they refuse,...
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2 Answers | Asked in Wrongful Death and Probate for Michigan on
Q: Who receives the judgement or settlement in a wrongful death suit in Michigan?

I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file?

David Soble
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David Soble
answered on Oct 18, 2023

The estate needs to bring the action for the claim. If your father passed without a will, then the Michigan intestacy laws will apply. This means that your mother, if married to your father at his time of death, will receive most of the assets of the estate. More information and facts would need... View More

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1 Answer | Asked in Probate for Michigan on
Q: Understand there was no will. Accounts were not jointly only in my father’s name. That’s why I think it goes thru probat

My fathers accounts businesses were not jointly owned. No will has been done. He had no will

T. Augustus Claus
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answered on Oct 10, 2023

In Michigan, if someone dies without a will (known as dying "intestate"), the state's intestacy laws determine how the deceased's assets are distributed. Since the accounts and businesses were solely in your father's name, they become part of his probate estate. Generally,... View More

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