Michigan Estate Planning Legal Questions

A Will is a document that an individual (called the Testator) uses to determine what his/her final wishes are for the distribution of his/her assets upon death. If you are not named in the Will, but are a natural heir of the Testator (deceased person), there are a couple of possibilities. First, if you are SPOUSE of the Testator and are not mentioned in the Will, you can elect a share against the Will (or could if a new law abolishing that options has been passed in Lansing). Second, if you are a natural or adopted CHILD of the Testator, and there is not language in the Will specifically disinheriting you, you can contest the Will if you believe that duress or undue pressure was placed upon the Testator to change the natural course of inheritance. Third, if the Testator has included language that specifically disinherits you, then you are essentially out of luck unless, again, you can prove undue pressure on the Testator to disinherit you. IF you are not a Natural Heir of the Testator but have a written document (i.e. a contract) between you and the Testator where he/she promised to leave you something in his/her Will for whatever reason and that was not done, you can contest the Will under a theory that the Testator obtained benefits from your performance on the contract then defrauded you be not following through with his/her promise.... Read More

The answer depends on how the property is titled and whether your father is still alive. I assume he is not. If not, then perhaps. If the Deed conveyed the property to A, B, and C, and didn't say anything further or stated "as tenants in common" or stated "as joint tenants," then either A, B, or C could file a partition action with the Circuit Court to force a sale of the property. If, however, the Deed conveyed the property to A, B, and C "as joint tenants with the full rights of survivorship," then, no. You can't do anything to force a sale.... Read More

Definitely consult an attorney. I assume from the way you wrote your question that his wife is not your mother. Do you have a copy of the will? If not, get one. If she won't give you one, then file a petition with the probate court to proceed intestate on your father's estate. At least there you would have a chance to get up to of your father's estate. If there is a will, that will control most things. If you father had life insurance of investment accounts you will need to verify who the beneficiaries are perhaps you were named on one of them?... Read More

The first place to look for a will is in the parent's private papers. Second would be at the Probate Court - not the County Clerk. Was there a safe deposit box at the bank? If the decedent was a step-parent, your nephew would only be an heir if there is indeed a will. Otherwise, he is not legally considered an heir. Is your nephew's mother still living? Is she still married to the step-father? If not, were they legally divorced? Or just separated? There are many possible scenarios to explore. Your best bet is to gather as much information at possible and consult an attorney regarding your nephew's specific situation.... Read More

If this is truly a pension, as opposed to a defined contribution type plan, you will need to look at his pension payment election. He could have elected a lifetime pension, which would have provided higher monthly payments, but payments would end upon his death, or he could have elected a joint and survivor type of pension payment, which would have provided smaller monthly payments, but payments in some amount (depending on the election) could have continued after his death.... Read More

Your explanation of facts is confusing. If you bought the car and he gave you the title and you owe him money you need to pay him or give the car back. If he bought the car and never paid for it and your name is on the title, then you own the car. Tell him to go away. You don't mention if the receipt that he has was given by you or someone else. Possession and a clear title give you legal ownership. His remedy is to go to court on a claim and delivery action to get the car and he has to prove that you are obligated to give it to him.... Read More

If the house is in his name alone, he may convey it to whoever he wants, without your knowledge or signature. He could also mortgage the home without your knowledge or signature. Without going into any detail, if he dies before April 6, 2017, you would have the right to elect dower in the home. This would give you a life estate in an undivided 1/3 interest in the home. What that essentially would do would allow you to continue living there at a rental rate equal to 66.67% of the fair rental rate for the property. Of course, if the mortgage(s) aren't paid, the bank(s) might foreclose, but you'd still have your dower interest. If he lives past April 6, 2017, you would have no interest in the home. You also have certain spousal and homestead elections under probate law, but those elections would only apply against assets in his probate estate (stuff he died owning). ... Read More

The only people with legal authority are those designated in a written, signed medical power of attorney or appointed by an order of the court, although the medical facility might act on the direction of all of the children, if they all agree and the facility has the impression there is absolutely no dissension in the family.... Read More

In many instances a hospital will look to the patient's spouse to make those decisions. Occasionally they will look to a parent. Very rarely the hospital will look to a child or children who are in agreement. However, the appropriate thing to do is to file an emergency petition with the probate court to have someone appointed guardian of the patient to make those decisions. The court will want testimony as to the patient spoken wishes regarding life support and extraordinary measures for prolonging life and regarding his or her stated wishes regarding termination of life support. The court will then determine the limits of the guardian's authority to make final decisions for the patient.... Read More

Delivery of the Deed to you operated to convey ownership of the home to you, unless the now deceased owner did not intend for you to become the owner. Recording the Deed has nothing to do with ownership. Recording is a matter of notice [it lets the world know the property was conveyed to you]. Go ahead and record the Deed now.... Read More