Michigan Estate Planning Legal Questions

I would suggest that you engage an attorney, you may have to commence a no asset probate or engage an attorney to field the calls who will have the credibility to convince her creditors that her obligations are not collectible. All such cases are fact, and well as law driven to some degree.... Read More

I've worked in the past for several trust companies and trust departments - their lawyers are great but in the regular banking area the training most bank personnel get is inadequate so they are taught to give answers that will not cause the bank any liability. If you talk to a regular banker about the best they can do is a type of co-account with the minor or, perhaps, a gift to minors account but that makes the parent the donor. If your son's grandparent intended a trust be prepared that could be rather expensive depending on the amount involved. The custodial type of account is easy but has its limitations as the parent, as custodian, may have to report earnings on the account as income to himself or herself rather than to the child who is, of course, a minor.... Read More

Consent from all titled owners of the property should have been obtained by the mortgage company before issuing mortgage. The sister can only mortgage her interest in the real property and cannot obligate her brother and sister without their consent. Although it is possible to mortgage property without all title owners being on the mortgage, their consent and waiver is necessary. It sounds as though the mortgage company erred in not obtaining their consent. Have your fianc?e check her credit report to see if the mortgage is reporting on her credit. If it is, then that indicates that her information was used to obtain the mortgage, even if the mortgage is not in her name. Then there are other legal remedies available. Should the mortgage company attempt to foreclose she can avoid liability by demonstrating that they had no privity with her, that is no direct connection, and have no right to foreclose on her interests. Also, to sell the property, the sister will have to have the siblings consent and the can instruct the closing company to pay their respective shares to them and not the sister. Finally, there may be a criminal action against the sister if the circumstances dictate.... Read More

You can leave the home to your daughter in your will however if there is a mortgage on the property, the bank will require her to either assume the mortgage or pay it off if she would like to keep the property. If you want to make sure that she gets the house, you would need to indicate that in your will. She can decide after your death if she would like to keep the home or she can disclaim it and it will go back into the estate.... Read More

If the property is from trust assets you have to make the gift from the trust as the current trustee. Whether that can be done is determined by the terms of the trust. I would suggest you see an attorney to make sure it is done correctly to avoid the possible problems you are anticipating may occur. The fact the she has POA presently is not particularly relevant.... Read More

This question cannot be answered without know what is meant by your husbands retirement.. Is it an IRA account? Pension account? An annuity? You should review the terms of this account and the array of available benefits and benefit options with an attorney. If you sign over spousal rights you will probably lose any opportunity to benefit from the account.... Read More

I am not totally sure what you are asking. There are a couple of scenarios that would fit. When you say "quit title" do you mean "quiet title", Notice to Quit, or "Quit Claim deed" ? If quiet title, that is a court proceeding gain full title to a parcel of real estate where the court determines who own the property. If Notice to Quit that is an eviction notice. If Quit Claim Deed, that is where the conveyor of title transfers all their interest in a parcel of real estate to another person. A QCD is not a warranty deed and it can be used to transfer fictitious interest in the property. For example, I can give you a QCD to the Statue of Liberty transferring all of my interest in the statue. I have no ownership interest but I can still give you a QCD. If you received a QCD from your sister (and I assume that's what you mean by "fast claim deeded", you need to make sure she actually has an ownership interest in the property. Your county Register of Deeds can help you determine that. If you actually have a QCD from her, then you will go to the Register of Deeds and ask them to record it. There will be a fee charged.... Read More