Michigan Estate Planning Legal Questions

You will need to sit with an estate and planning lawyer to do this right. The easiest thing to do with your real estate and other property/accounts is put them in both your names now, then when you pass, everything is already done for you. Still, it is always best to plan with legal counsel, the few hundred dollars to do it, might save tens of thousands in probate later. the bigger the estate the more sense it makes to get legal help... Read More

Hello.  You can have a codicil prepared to amend your existing Will, or you can execute a new Will.  Have you protected your assets in other ways to avoid probate?  Have you ever considered a Living Trust? Feel free to reach out if you would like more information about the process.  ... Read More

I'm sorry about the passing of your sister.  This is a tough one because Trusts are private matters.  It is very unlikely that she had it recorded in public record.  In most cases, the client is given the original Trust and other documents as part of their Estate Plan.  If you haven't been able to find any documents at her home, it will probably be very difficult to find the attorney who drafted her documents.   One avenue that you could explore would be to review her assets.  For instance, if she had a Trust, her real estate should have been deeded to her Trust.  Every deed is required to list who drafted it.  That could identify her attorney.  You could also check her bank records to see if any of her accounts were titled in the name of her Trust.  If so, it's possible that the bank has a Certificate of Trust on file that could list the drafting attorney. One thing to keep in mind though - even if she had a Trust, if she didn't fund it with her assets, you may have to proceed to Probate.  Feel free to reach out if you need further assistance.... Read More

Yes, you could have both so long as you only put your separate property in the individual trust and don't have a prenuptial or postnuptial agreement that prevents you from doing so.   Whether you can amend the joint trust if your spouse passes away first would depend on the terms of that trust.   As for the pros and cons, it really depends on your assets, motivation in setting up a second trust, and overall concerns and goals.... Read More

Hello.  I'm sorry to hear about the loss of your husband.     If this is the only asset that you are dealing with, you may be able to open a small probate estate and obtain a Petition and Order for Assignment to receive the funds.  The value of the asset must be under $24,000, which I would expect with a HSA.  You would also have to prove that his funeral bill is paid and provide a receipt.... Read More

Hello.  I'm sorry to hear about the loss of your Father.  Whether you or your siblings are entitled to any part of your Father's Estate depends on many factors.  If your Father died without a Will, the Michigan laws of intestacy would dictate how his Estate is distributed.  If he has no children with his current wife, she would be entitled to a portion off the top of his Estate and a percentage of the remainder.  The other percentage of the remainder would typically be distributed equally to his living children.  But there are other factors that can affect this.   If your Father died with a Will, once the Estate is opened, you are required to be notified.   If your Father died with a Living Trust, only beneficiaries of the Living Trust are generally notified and the administration process is not public.   Additionally, there could be assets that won't require probate administration because he named a joint or successor owner, or a beneficiary.  ... Read More

Hello, Even though you have the POA, I reccommend, if she is able, for your mom to sign. That way there can be no question of the authority to sell. With respect to taxes, the first $250,000 gain on the value of a home is exempt from taxes. Your tax preparer will be able to assist you in claming this. Best of luck to you.... Read More

A Will states who you want to get what.  This may or may not be different from your state's laws of inheritance.  If you have a small estate (as your state law defines it), it will be cheaper to settle it without a Will, using a Small Estate Affidavit.  If not, it will cost more as the court will have to determine who your heirs are.... Read More

You do not say whether this was a lawsuit which was filed on behalf of your father before his death, in which case you should have done so under a Durable Power of Attorney; whether this is a wrongful death suit; or whether there is a dispute over his estate.  Without this information, it is hard to answer your implied question.... Read More

Take the mortgage and loan agreement to a local elder law attorney.  The lender may have been referring to the fact that if you owe more than the fair market valye of the home when you die, your fellow taxpayers (via the Federal Housing Authority) will make the lender whole.  This may not apply if your try to sell the house while you are alive.  You might want to try the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

The rights to a parcel of property in the State of Michigan are determined by examining the title of record with regard to that property.  The question indicated that the owners of the cabin are, "my father my mother who passed 15 yrs ago and my youngest half-brother names are on the land."  I have to assume that these facts are evident on the face of a deed. In order to understand who owns the property following the deaths of the mother and father, it is necessary to understand how the property was held as between the three of them.  In other words, we need to know if the property was held with survivorship interests between the three of them or, for example, in common between the three of them.  Without that information, it is impossible to provide an absolute answer to the question other than to say that the brother has at least a 1/3 interest in the property.  If the property was held as joint tenants with rights of survivorship, it is now entirely likely that the brother is now the exclusive owner of the property. In order to make that ultimate determination I would need to review the deed to the property and it may be necessary to have a title search done to make an absolute definitive analysis of the state of the property's title. Chuck Penzien www.penzienlaw.com    ... Read More

You need to go to the Probate court and petition the court to open an "intestate" probate and ask that you be made the Personal Representative (PR). You will need to send copies of everything you file to all or your mother's heirs - children, adopted children, spouse. The court will set a hearing. Once you are named PR you will have letters of authority to take care of business for your mom's estate. The utilities usually are willing to wait for those letters before doing anything.... Read More