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Michigan Estate Litigation Legal Questions

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4 legal questions have been posted about estate litigation by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Michigan Estate Litigation Questions & Legal Answers
Do you have any Michigan Estate Litigation questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 4 previously answered Michigan Estate Litigation questions.
Estate Litigation
Michigan

Recent Legal Answers

Hi, my 91-year-old dad has advanced dementia and lives with my sister. He moved in with her on November 6, 2020.

Answered 3 years ago by attorney Gilbert Borman   |   1 Answer
The passing of a parent brings out the best or worst in people. The best way to sovle this is sit down with your sister. The conversation is simple: we both love dad, so all of his estate goes to take care of him first, whatever is left should be divided equally among the children. If we both agree to this, we save money on lawyers and keep our family strong. Expenses reasonably related to your dad's care should all be paid. Past that you need a probate attorney try alwyer referal at 800 968 0738.... Read More
The passing of a parent brings out the best or worst in people. The best way to sovle this is sit down with your sister. The conversation is simple:... Read More

Can I bring a case to small claims court when plumbing problems were improperly disclosed during the purchase of a home on the disclosure form?

Answered 12 years and 7 months ago by attorney William R. Pelger   |   1 Answer
you may. consult with a MI lawyer. if the sellers actively concealed the problem they may be liable under fraud. that is the law in PA.
you may. consult with a MI lawyer. if the sellers actively concealed the problem they may be liable under fraud. that is the law in PA.

What is a typical reasonable amount for an executive to charge for commission? Need to have an idea of what to expect.

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
I think you mean "executrix," not executive. Michigan has adopted the Uniform Probate Code, which allows an executrix to receive a "reasonable" commission, not one unilaterally decided upon by the executrix. The court has the power to determine any dispute over the reasonableness of the fee. Fees for a modest size estate are generally in the range of 5%, although your mileage may vary depending on the nature of the assets, the difficulty in marshaling them and distributing them, and any other factors that apply.... Read More
I think you mean "executrix," not executive. Michigan has adopted the Uniform Probate Code, which allows an executrix to receive a "reasonable"... Read More

Will monies that come out of probate be used to pay a Trustee or does it get dispersed amongst the beneficiaries?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
The executor's commission is deducted from the distributable portion of the estate prior to distribution of the beneficiaries. You will get receive your share, net of those fees, once probate is complete.  
The executor's commission is deducted from the distributable portion of the estate prior to distribution of the beneficiaries. You will get receive... Read More
Estate Litigation
Michigan

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