Michigan Estate Planning Legal Questions

Length of marriage makes no difference. One day of marriage means they were "married." The assets would pass under the intestate laws and depending on whether the wife takes exemptions and allowances, she would be entitled to roughly the first $200k of assets and half of the remainder. Of course, this refers only to "probate assets," which are assets titled in your father's name ALONE. Any assets which were jointly held or which named the wife as beneficiary automatically pass to her, and they are not counted as part of the figures above. Most of the time, married couples hold title to their assets jointly. If that was done in your case, the children would not be entitled to anything. I am very sorry for your loss.... Read More

The answer is "Probably." As long as you have been appointed by the court, you are legally authorized to take control of and secure the assets. You are also entitled to a fee for compensation, and the car could be part of that fee. The problem that I see is that, by using the car, you are decreasing its value. If someone else is the intended recipient of the vehicle, then you are technically self-dealing, by using the car. The facts matter, and you have not shared enough in your case to give you a conclusive answer. I would ask the attorney for the estate.... Read More

I cannot answer this question without reviewing the terms of the Trust. Generally, however, the grantor of a Living Trust retains the right to remove any assets from the Trust during the grantor's lifetime. If this Trust permits this, then the Trustee can execute a Quit Claim Deed conveying the property to the beneficiary now.... Read More

There is no such thing as a "quick claim deed." There is a quit claim deed, but whether or not that would be appropriate using a trust is one question. A more important question is what are you hoping to accomplish with this? There could be significant tax issues including gift tax, income tax and property tax. There could also be other complications if you ever need long term care. What you want to do can certainly be done by deed. The question is whether or not it makes sense to do this.... Read More

You may be able to find out what was done, but you would not be considered to be an heir of your stepmother under Michigan law. Since probate files are public, you can review the file by going to the court and requesting to see the file. You can make copies of anything there. It may not tell you exactly what has transpired, but you will get a fairly good idea.... Read More

If your parents owned the house jointly and she survived your father leaving huge medical bills, the medical providers can force a sale of the house to pay those debts. In order for you to get title, you would have to open a probate estate for your mother and the creditors would be given notice, etc. I can't offer much hope for keeping the house under the circumstances but you should hire counsel to help you through the estate situation.... Read More

There is no doubt that the nursing home and the hospital should have seen the power of attorney or the signed DNR statement. Usually, hospitals are quite careful about this. I don't know about nursing homes. It does seem that negiligence was a big factor but whether you can establish this fact to prove "wrongful death" is another question. I would suggest consulting with a personal injury attorney on the issue.... Read More

That would depend on the will, if there is one. It should state what happens to a deceased beneficiary's share. If there was no will and has living children, they may be entitled. If no children, then it may go to his mother. I would recommend you speak to a probate attorney to properly evaluate the facts of this case and advise you more accurately.... Read More

If they are not allowing you to utilize a portion of the home, you would be entitled to a some rent from both of them for 1/3 of what the monthly rent would be or they can buy you out of your share. Either option may require court involvement if they will not cooperate. Are they paying the taxes on the property?... Read More

I do not know how the estate was able to be closed with this transfer being done. I recommend that you speak to an probate attorney directly regarding this matter. There may be issues with probate court here if the estates were closed before the final transfer of the property. They may need to be reopened to do so. I would not wait for the previous attorney to transfer the property if he has not completed this in 9 years. Any attorney can complete this for you. I would be happy to assist you or any other probate attorney in your area can as well.... Read More

You may be entitled to a portion of your father's estate under the probate laws. The statute of descent and distribution only give a portion of the estate to the surviving spouse of a decedent who died without a will. The amounts depend on the whether there were children between the two of them and whether she was the natural or adopted mother of any of these children. I would consult with a probate attorney who can evaluate the facts in your case and determine what you would be entitled to.... Read More

If you have power of attorney for your wife, you can cancel these services. If not, I would first call these companies and see if they will let you do it cancel as her spouse. If that does not work, then you may need to get a guardianship of her in order to act on her behalf regarding these services or any other matter that you need to take care of her.... Read More

Your summary is very difficult to understand. Who is the "they"? What would they be revoking? It is not clear why you would transfer title to your parent(s). It is also not clear how anyone could report the car stolen. (I am not sure even which car you mean, when you say "revoke it and report it stolen."... Read More

Not necessarily. His estate must first pay off all of his final expenses and any taxes owed. If there isn't enough cash, the house might need to be sold to pay off these bills. If you husband had a will and left the house to someone else, that person will inherit the property. However, if your husband didn't have a will, in most states you would be first in line to take title to the house. Any surviving children might also have a claim on the property.... Read More