Michigan Estate Planning Legal Questions

My first question is: Is there any equity in the house? If so you could be entitled to 1/2 the equity.. However, If you are on the deed a co-owner cannot evict you... at most he can stop paying the mortgage and allow the mortgage company to foreclose.. Contact an attorney if he tries anything.... Read More

Its not illegal.. that is most likely the standard practice of the attorney.. I might also institute this practice with an estate planning client if the person being excluded gets special benefits (e.g. more than your statutory equal share) from her estate because is probably a good idea that you be excluded from the discussions so that attorney can be sure you do not have some sort of undue influence over her actions so that the will and trust can not be challenged after she passes... Ask to talk to the attorney separately so as successor trustee he can explain the estate plan's provisions to you.... Read More

You do not say enough in your facts. Did your dad owe on the line of credit? The bank may want to set off the amount owed them. So the issue may be whether the bank has a higher priority lien on the funds rather than you. In Michigan burial & funeral expenses take precedent and should be paid first before any other debts, then debts of the estate (the line of credit if outstanding?) and only then would you get the funds. Regardless in Michigan you might have to go through a simplified probate procedure (for estates less than $20K or so) to get a court order to force the dispersal.... Read More

NO.. if the property is held as "husband and wife" then it is a "tenancy by entireties" and is akin to a "joint tenants with a right of survivorship" So if your dad is still alive the property will revert to him 100% if she passes before him... citizenship will not matter. Now if your dad has already passed.. the property is hers and you have no rights unless she gives them to you.... Read More

This is a complex issue that cannot be addressed adequately in this type of setting. As a general matter, however, creation of a limited liability company in which family members would be the members and the Operating Agreement would set out the rules for use of the property deserves consideration. Under Michigan's Limited Liability Company Act, members have no ownership interest in any property of the limited liability company and third parties cannot become substituted as a member without the other members' consent. Among the many things to consider is the effect on property taxes of a conveyance of the property from the present owners to the limited liability company.... Read More

Generally yes the heirs can get together and sell the house .. unless it was deeded to them by the estate as "joint tenants with a right of survivorship" which I doubt is the case.. it should be tenants in common. I would suggest that the fair market value of the house be determined.. then the joint owners that want to keep the house should be given the right to buy out the other's interests at the fair market value of their ownership interest.If they cannot buy the others out and refuse to sell then a lawsuit would be in order for force the sale. This is why the probate court should have ordered the property sold shortly after your grandmother's death instead of deeding it to all 13 heirs that is a lawsuit waiting to happen!... Read More

If you inherited the house and it went through probate .. you took it at a stepped up basis.. so you only pay taxes on the amount that is in excess of the value when you received it in probate.. (e.g. the increase in value after death) However if your interest was gifted to you before death (say by your parent retitling it to you and your sister as joint tenants with a right of survivorship) you pay taxes on the increase in value from the date your parents purchased it .. you do not get the stepped up basis for tax purposes.... Read More

The trustee has a "reasonable time" to distribute once a beneficiary qualifies by attaining a certain age. Reasonable time may depend upon the nature of the assets held and whether or not the distribution is to be "in kind" or in cash. A beneficiary must be certain to make a written request for distribution if the trust document requires a formal request, although that is always good practice in any case.... Read More

If your dad passed without a will, unmarried and with no other siblings in Michigan you are presumptively his only heir. If your uncle took anything from his estate yes you can get it back. You will need to file a probate action to become the estate's personal representative and then be able to sue your uncle to get it back.... Read More

You do not provide enough information.. In Michigan general intestate (without a will) beneficiaries are as follows If a man dies without a will his estate goes to his legal wife if she is the mother of ALL HIS children If he is married and the legal wife is NOT the mother of all his children she gets 1/2 and the children split the other half If he is not married his estate is split between his children if there is only one child that child gets the entire estate. It does not matter if the daughter is illegitimate or not. It does not matter if the daughter abandoned the father I do not understand what you mean by "she leased the car and home".. who is she? and what does it matter if son died? who's son?... Read More

Not enough information is given to answer your questions. Who signed the land contract? Only her? Who owned the property? Only her? If the answer to both questions is "only her," then some form of probate will be needed to help straighten things out. Was there a Will or Trust? If not, the property would pass to the next of kin. That might be the husband alone. It might be the husband and children of the decedent. It might be the husband and parents of the decedent. Since there are so many unknowns here, your best bet would be to review the entire situation with a lawyer to determine where you stand and how best to proceed.... Read More

No.. its a cheap way of transferring the house without probate (putting it in parent and siblings names as joint tenants with right of survivorship) HOWEVER it can really complicate things..For instance your dad could not sell the house without your signature and it may complicate his eligibility for Medicaid, etc.... Read More

The will should say something like "in the event my spouse does not survive me, then . . ." and set forth what happens. If it doesn't, then her things will pass by intestacy. Step children will not inherit; your cousin's children (natural and legally adopted) will take, if she did not remarry.... Read More

As long as your mother has legal capacity, there is very little you can do, other than to communicate with her and try to persuade her to seek help. You can suggest that she meet with an attorney to get her estate planning in order. She should have a general durable power of attorney, for example, for health and financial matters. That way, if she ever loses capacity, you can step in and take care of things to protect her. If that were to happen and you did not have POA, then you would need to go to the probate court to seek appointment as her guardian and conservator. Unfortunately, that does not solve the ongoing issue of her gambling. The law normally does not protect people from themselves and the unhealthy choices. In Michigan, at least, you are not responsible for HER debts, and any creditors that she has can only come after HER assets.... Read More