Michigan Estate Planning Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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.
Michigan Estate Planning Questions & Legal Answers - Page 4
Do you have any Michigan Estate Planning questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 161 previously answered Michigan Estate Planning questions.

Recent Legal Answers

How could someone legally get what they are entitled to in an estate?

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

Can I change a beneficiary in my trust myself in writing?

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

Will being married but having no marriage certificate affect anything when one of us dies?

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

Am I entitled to half of the house if husband dies?

Answered 10 years and 8 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
It depends on how it is titled. You MIGHT HAVE rights but more likely not.
It depends on how it is titled. You MIGHT HAVE rights but more likely not.

Will my husbandโ€™s ex-wife be able to evict me if my husband dies since the house is still co-owned by them?

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

What are my rights and responsibilities if my father named me his personal representative in his will?

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

If a person dies in another state while visiting their son, where is the person's will supposed be probated?

Answered 10 years and 9 months ago by James Timothy Weiner (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
A will is generally probated where the last RESIDENCE was located.
A will is generally probated where the last RESIDENCE was located.

What should I if my father passed away, we live together and I want some of the property?

Answered 10 years and 10 months ago by James Timothy Weiner (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
You do not give enough information to answer anything.. Please contact an attorney.
You do not give enough information to answer anything.. Please contact an attorney.

How can my sisters and I take control of the estate and is there any ramifications regarding my mother's medical care?

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

Can my wife and I lose the home if mom put my brother in charge of all her things?

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

Am I entitled to any of my father's estate if I'm illegitimate?

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

How do I change a death certificate, since it was listed we were divorced though we're not and I can't collect his pension?

Answered 10 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Hire an attorney. This is an error that only needs to be corrected with his employer, IF you have spouses rights.
Hire an attorney. This is an error that only needs to be corrected with his employer, IF you have spouses rights.

Is that money in the accounts considered inherited money?

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

How do I sell the home which I co-own with my mother?

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

Can we revoke or add to a recorded quit claim deed?

Answered 11 years ago by James Timothy Weiner (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If you get the two children whose names are already on the deed to sign off you can otherwise contact a lawyer to investigated what you can do.
If you get the two children whose names are already on the deed to sign off you can otherwise contact a lawyer to investigated what you can do.

Does the pension have to be paid out as a lump some to the PR or does each child receive their portion?

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
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
First you must "accept" the trust. then you have power of the assets in the trust.
First you must "accept" the trust. then you have power of the assets in the trust.

Does he still owe this debt to the estate after passing?

Answered 11 years and a month ago by James Timothy Weiner (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Generally valid debts of a deceased survive the debt and are paid from the estate of the deceased prior to distributions to the heirs.
Generally valid debts of a deceased survive the debt and are paid from the estate of the deceased prior to distributions to the heirs.

What are my rights if I am an only child, my dad had no will, and was still technically married?

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

Do they get to keep all the money or do they follow her will?

Answered 11 years and a month ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
It could go either way, but if there is no contest or agreement the bank will honor the POD.
It could go either way, but if there is no contest or agreement the bank will honor the POD.

What happens if a party named in a trust passes away?

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

Do I have any rights over my motherโ€™s estate if my father is incarcerated but he gave me, his daughter, power of attorney?

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

In the case of a Partition Action of a family owned property, if the property is sold at auction, do the owners get the first opportunity to bid?

Answered 11 years and 2 months ago by James Timothy Weiner (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
No not necessarily. Generally the owners can offset the purchase price by their equity interest and only pay the balance.
No not necessarily. Generally the owners can offset the purchase price by their equity interest and only pay the balance.

Who gets what in the death of a spouse?

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