Michigan Probate Legal Questions

A Michigan small estate affidavit is a document that allows a petitioner, known as an "affiant," to stake a claim on property from the estate of a deceased loved one, known as the "decedent." In Michigan, this process is available to estates valued at $51,000 or less. If you're the only living relative, then you can take advantage of this process so that the car can be transferred from your brother's name and into your name. You should seek out an attorney in your jurisdiction for more specific advice.... Read More

Have you physically met this person? There are alot of financial money scams on the internet targeting vulnerable elderly people from overseas. Speak with an attorney before sending any money. Is this the first time you are giving money to him? Based on your summary, this looks like it could be a scam. ... Read More

Hello Denelle.  A Living Will is actually a healthcare document.  It cannot be used to distribute your assets. You will need either a Last Will and Testament or a Living Trust.  If you would like to guarantee that you will avoid probate, you should strongly consider a Living Trust.  It's important to also make sure that all of your assets are "funded" into your Living Trust. I would be happy to discuss this with you further if you would like to reach out.... Read More

The Attorney losing the file may be malpractice by the attorney. With regard to the will your sister has, if it is reasonably fair to your interests, you should probably support it as probate is expensive and contested probate is REALLY expensive. Once can argue the will your sister has is the right one because there are no others. But one can also argue the non-existence was to get rid of a will that someone did not want- it can get complicated. Remember, if you and your sister are the sole heirs and you get along, you can agree between yourselves if there are certain items you want. Depends on how well the two of you get along. ... Read More

While a will can be less than a signed writing with witnesses, remember what the point of a will is: to see your property devised as you wish. So might a court accept the will without notarization and witnesses? Yes. But it might be after others contest the document and convincing the court of its authenticity and that it is a will the court can give legal effect. Sometimes the $200 you save on the lawyer now can cost you lot in the future.  ... Read More

You have rights. You need to set up probate of the estate as your husband's next of kin and claim your dower rights to the property as part of the estate. If he was married before or had other children, that can create other issues. You want to be appointed personal representative of the estate so you can record a deed giving you full rights of ownership.   Best of luck to you. ... Read More

Depending on the documents, based on how you describe things, your step-father does not have dower rights (the right of a widow or widower to reside in the property after the spouse's death). A court would be hard pressed to accept that this was not done previously. Again, the papers, the will and the deed will be deciding as to whether he has a claim or not. On these facts, it doesn't look like it but it makes sense to review this with counsel before deciding what to do.... Read More

Hello.  Thank you for reaching out.  Yes, it is important to have both a financial and healthcare power of attorney in place.  This protects both you and your heir from having to go through a lengthy and costly probate court process to become your Guardian or Conservator if you become incapacitated. Additionally, you should consider having a Will or Living Trust to plan for and protect your assets. Feel free to reach out if you would like assistance.... Read More

Hello.  I'm sorry to hear about the passing of your grandmother.     If she had no Will, this means that she died "intestate".  This means that the laws of the state of Michigan will determine who receives her assets.  If she was on state assistance, they will likely file a claim against her estate for reimbursment of any funds paid on her behalf.  If she only has her home, this could mean that her Personal Representative would have to sell her home to generate funds and pay the claim.... Read More

There are quite a few local services that could help with the leg work/"boots on the ground" to clear out her condo and clean it up.  You could have yourself appointed to have the necessary legal authority, hire people to clean out the condo and get it ready to sell, then sell it and receive the proceeds.     It's hard to say the headaches you may have down the road if you do nothing...... Read More

I'm not quite sure if I understand what you're asking.  But I'll try to answer.     If a beneficiary was named on an account for someone who passed away, that beneficiary becomes the owner of the account.  This asset would be outside of the probate estate and the Personal Representative of the estate would have no legal authority to inquire about the account or received information.... Read More

The simplest and easiest and lowest tax way to leave you his real estate, is to grant a deed to himself and you jointly with right of suvivorship. I highly recommend having a lawyer draft the deed for you. If the land is valuable and, especially if he has other children, it would also make sense to have him do will disposing of all of his property so there are no questions when he is no longer with us. There is no need to adopt. Just remember, estates can bring out the best and worst in people; having everything in place is always best.... Read More

The passing of a loved one tends to bring out the best and worst in people.   With regard to any property removed from the house, if it's ownership is specified in the Will, that is who is supposed to get it. Anyone taking anything out must account for what they took to the other heirs. As for the house, once she passed, if she gave it to everyone equally, the heirs not living in the house are entitled to be paid rent or, if there is a mortgage on the house, those living in it must pay the others' percentage of the mortgage (as well as their own). Example, if there are 3 heirs and one lives in the house, the person living in the house must pay the 2/3 of the fair market rent of the home to the other heirs. Since, family is involved, often a month or so of free rent is often ignored but at some point, the person(s) in the house have to pay their fair share per the instructions of the Will for handling the estate. I hope this helps.... Read More