161 legal questions have been posted about estate planning 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.
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Answered 10 years and 7 months ago by Jayne L. Sebby (Unclaimed Profile) |
9 Answers
| Legal Topics: Estate Planning
His inheritance should have been held in trust for him until he reached the age of majority. The executor of the estate was responsible for that trust unless the father's will stated otherwise. So she or the named trustee is responsible for failing to turn the assets over to your boyfriend and can be held liable for failing to do so. Notify the probate court of the problem and hire an attorney to help track her down and retrieve the items or, if she doesn't have them, receive the financial equivalent.... Read More
His inheritance should have been held in trust for him until he reached the age of majority. The executor of the estate was responsible for that... Read More
Answered 10 years and 8 months ago by Michael C. Hyde (Unclaimed Profile) |
2 Answers
| Legal Topics: Estate Planning
It is never a good idea to simply hand write a change in a legal document. That opens it up to charges of fraud or coercion. The proper way to amend a trust document is to write a specific amendment, sign it before a notary public and attach it to your trust document. OR, rewrite the trust and name it the First Amended Trust of . . . .... Read More
It is never a good idea to simply hand write a change in a legal document. That opens it up to charges of fraud or coercion. The proper way to amend... Read More
Answered 10 years and 8 months ago by John F. Brennan (Unclaimed Profile) |
1 Answer
| Legal Topics: Estate Planning
It could have ramifications. Marriage has tax and estate issues. I would like more details to form a firm opinion, but if you have identified a potential problem it should be cared for before it causes harm.
It could have ramifications. Marriage has tax and estate issues. I would like more details to form a firm opinion, but if you have identified a... Read More
Answered 10 years and 8 months ago by John F. Brennan (Unclaimed Profile) |
1 Answer
| Legal Topics: Estate Planning
I would recommend an agreement, in writing, or if necessary a court ruling. As a owner in common she could at least gain a partition of the property, likely forcing its sale. Deal with it now, not after it is critical.
I would recommend an agreement, in writing, or if necessary a court ruling. As a owner in common she could at least gain a partition of the property,... Read More
Answered 10 years and 9 months ago by John F. Brennan (Unclaimed Profile) |
1 Answer
| Legal Topics: Estate Planning
Need more details, if he is deceased the money in the joint accounts is yours and his, if it is payable on death you have no rights until his passing. See an attorney. Being nominated for personal rep grants no powers while he is still alive, and then only following appointment by the probate court.... Read More
Need more details, if he is deceased the money in the joint accounts is yours and his, if it is payable on death you have no rights until his... Read More
Answered 10 years and 11 months ago by James Timothy Weiner (Unclaimed Profile) |
2 Answers
| Legal Topics: Estate Planning
You need expert advice ... contact an elder law probate attorney to investigate the best way to manage this estates (both your mom's and your brothers).
You need expert advice ... contact an elder law probate attorney to investigate the best way to manage this estates (both your mom's and your... Read More
Answered 10 years and 11 months ago by James Timothy Weiner (Unclaimed Profile) |
2 Answers
| Legal Topics: Estate Planning
I do not understand the facts here.. Apparently you purchased the house you live in with your parents as primarily liable on the mortgage. Your name and your parents is on the deed. Now your dad has passed and your mom is in an out-of-state nursing home. You want to know if you could loose the house.. Probably not but with that set of facts there are a lot of loops and twists so you should pay for a an hour of an attorneys time to be sure.... Read More
I do not understand the facts here.. Apparently you purchased the house you live in with your parents as primarily liable on the mortgage. Your name... Read More
Answered 10 years and 11 months ago by James Timothy Weiner (Unclaimed Profile) |
2 Answers
| Legal Topics: Estate Planning
Yes.. if he died Intestate, e.g. without a will, you are entitled to a share of his estate if you can establish that you are his child. You need to contact an attorney.
Yes.. if he died Intestate, e.g. without a will, you are entitled to a share of his estate if you can establish that you are his child. You need to... Read More
Answered 10 years and 11 months ago by James Timothy Weiner (Unclaimed Profile) |
2 Answers
| Legal Topics: Estate Planning
Generally joint bank accounts are considered inherited money or a gift which are not taxable.. The Quit Claim deed on the house is another thing though.. If you use the quit claim deed you will take the house at your father's basis (generally the price he paid for the house).. so when you sell it you will have to pay taxes on the difference from your father's basis and the sales price... if he sets his estate up so the house goes through probate then you would inherit it at the value at the time of his death.. e.g. you would pay little or no taxes if you sold it shortly thereafter.... Read More
Generally joint bank accounts are considered inherited money or a gift which are not taxable.. The Quit Claim deed on the house is another thing... Read More
Answered 11 years ago by James Timothy Weiner (Unclaimed Profile) |
3 Answers
| Legal Topics: Estate Planning
You can sell the home with your mother's agreement (signature) If you have been appointed her guardian or have power of attorney for her you might be able to act on your own. Talk to your mother.
You can sell the home with your mother's agreement (signature) If you have been appointed her guardian or have power of attorney for her you might be... Read More
Answered 11 years ago by John F. Brennan (Unclaimed Profile) |
1 Answer
| Legal Topics: Estate Planning
You clearly need an attorney, pensions, like social security, generally cease at the death of the pensioner. There can be exceptions so take the detains to an attorney to see if you really understand the subject of your question, and the options you might have.
You clearly need an attorney, pensions, like social security, generally cease at the death of the pensioner. There can be exceptions so take the... Read More
Answered 11 years and a month ago by James Timothy Weiner (Unclaimed Profile) |
3 Answers
| Legal Topics: Estate Planning
Who is the named beneficiary of her life insurance policy? Whomever it is takes the $ after her death and generally is not liable to pay for her funeral, the nursing home or her mortgage.. As to the rest of her estate, her savings, any equity in her house, etc. that should be first used to pay her funeral and then, only then, should it be used to pay her creditors. Please contact an attorney to be sure.... Read More
Who is the named beneficiary of her life insurance policy? Whomever it is takes the $ after her death and generally is not liable to pay for her... Read More
Answered 11 years and a month ago by James Timothy Weiner (Unclaimed Profile) |
3 Answers
| Legal Topics: Estate Planning
If he had no will but he was married to a woman that was NOT your mother as an only child you get 1/2 his estate and his wife (your step-mom) gets the other half.
If he had no will but he was married to a woman that was NOT your mother as an only child you get 1/2 his estate and his wife (your step-mom) gets... Read More
Answered 11 years and 2 months ago by James Timothy Weiner (Unclaimed Profile) |
3 Answers
| Legal Topics: Estate Planning
Generally..for estate planning trusts Once the maker of a trust (e.g. the person setting up the trust) passes the beneficiary of a trust is "owns all of the assets from the trust coming to him or her (whether or not they are currently in the trust). Thereafter if the beneficiary of a trust passes, then the beneficiary's heirs (by will or intestate) get all of his or her assets. (that is in the absence of specific language in the trust itself)... Read More
Generally..for estate planning trusts Once the maker of a trust (e.g. the person setting up the trust) passes the beneficiary of a trust is "owns all... Read More
Answered 11 years and 2 months ago by James Timothy Weiner (Unclaimed Profile) |
4 Answers
| Legal Topics: Estate Planning
Yes, you may have rights. However they are hard to quantify and potentially very hard to enforce.. I believe, but am not sure, that your father inherited 100% of your mother's assets since she was married to your father at the time of her death (assuming you are the ONLY child and are the child of the marriage) The problem is that your dad's creditors could claim it all... AND those creditors include the state since he is in jail.... Read More
Yes, you may have rights. However they are hard to quantify and potentially very hard to enforce.. I believe, but am not sure, that your father... Read More
Answered 11 years and 3 months ago by John R. Ceci (Unclaimed Profile) |
4 Answers
| Legal Topics: Estate Planning
You should consult with a local attorney to discuss this situation further. It's difficult to answer questions like yours without looking at documents.
You should consult with a local attorney to discuss this situation further. It's difficult to answer questions like yours without looking at... Read More