Michigan Probate 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.
116 legal [2, *]questions have been posted about wills and probate 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 living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
Michigan Probate Questions & Legal Answers - Page 3
Do you have any Michigan Probate questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 116 previously answered Michigan Probate questions.

Recent Legal Answers

Ask your probate lawyer about a replevin (recovery of wrongfully taken goods). 
Ask your probate lawyer about a replevin (recovery of wrongfully taken goods). 

Can a lawyer quit from doing a will at the end

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
There are various reasons for which a court will allow a lawyer to withdraw.  Often the court requires the executor to find a new lawyer within a specified period of time.  You may want to review the court file.
There are various reasons for which a court will allow a lawyer to withdraw.  Often the court requires the executor to find a new lawyer within... Read Answer
Either party is entitled to withdraw 100% of a joint account during both parties' lives. 100% of a joint account with right of survivorship passes to the survivor upon the other party's death. Such accounts pass independently of whatever the Will provides.   Unless it is a joint account without right of survivorship AND your father's Will states that you are to receive something out of it, it appears likely that he intended to provide for his spouse.  This is usually the case when the person making an estate plan foresees that his spouse will be unlikely to be able to work to provide more for her old age but his children, being younger, will be able to work. BTW, POAs have no effect after death.  ... Read Answer
Either party is entitled to withdraw 100% of a joint account during both parties' lives. 100% of a joint account with right of survivorship passes... Read Answer

How can I view my mother's will ?

Answered 6 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
A Will becomes a public document when it is submitted for probate.  Contact the county clerk where your mother lived/died/held real estate.
A Will becomes a public document when it is submitted for probate.  Contact the county clerk where your mother lived/died/held real estate.
Yes.  The house does not pass out of the estate until the bills are paid.  That would be theft.  See a local probate attorney for Michigan specific requirements.
Yes.  The house does not pass out of the estate until the bills are paid.  That would be theft.  See a local probate attorney for... Read Answer
Yes -- and if she ever wore clothes or had a bed, it is not the only thing in the estate.
Yes -- and if she ever wore clothes or had a bed, it is not the only thing in the estate.
See a local elder lawyer.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).
See a local elder lawyer.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys... Read Answer

Would I be able to challenge a Will?

Answered 8 years and 5 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
no photo
You would need to show either that your grandfather was not able to understand that he was changing his will or that someone unduly influenced him to do so. Where did the money go? That is where to look. Get a good local lawyer. Good luck.
You would need to show either that your grandfather was not able to understand that he was changing his will or that someone unduly influenced him to... Read Answer
no photo
You REALLY need to speak to some good probate attorneys, in Florida for sure, and probably in Michigan as well. If your grandmother died in Florida, you may need only a Florida attorney, but see one there right away. Good luck.
You REALLY need to speak to some good probate attorneys, in Florida for sure, and probably in Michigan as well. If your grandmother died in Florida,... Read Answer

Am I, the husband, responsible to pay off wives credit card debts upon her death ??

Answered 8 years and 6 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
no photo
No, but, if her estate has enough assets in it, it would be obligated. When the time comes, if it does, contact a good lawyer and give him or her all of the financial facts. Good luck.
No, but, if her estate has enough assets in it, it would be obligated. When the time comes, if it does, contact a good lawyer and give him or her all... Read Answer

Is there a law in Michigan that you must leave something to each oh your children?

Answered 8 years and 6 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
no photo
I am aware of no such law, and do not believe there is one. Demand that the lawyer show you evidence of the law, or just ignore him. Whose lawyer is this?
I am aware of no such law, and do not believe there is one. Demand that the lawyer show you evidence of the law, or just ignore him. Whose lawyer is... Read Answer

Probate

Answered 8 years and 7 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
no photo
See a good local lawyer
See a good local lawyer
no photo
Go to a well respected local Title Company, and ask them what you need to have good title in your name. You may also need an attorney, but this is a good place to start. Good luck
Go to a well respected local Title Company, and ask them what you need to have good title in your name. You may also need an attorney, but this is a... Read Answer
no photo
By all means, see a good local lawyer for help. You can find out if there were any Probate Proceedings and whether or not a will was included. If there were proceedings but no will, your knowledge of a will may be grounds for some relief. Good Luck.
By all means, see a good local lawyer for help. You can find out if there were any Probate Proceedings and whether or not a will was included. If... Read Answer

My mother in law died, her my husband and myself are tenants in common

Answered 8 years and 11 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
no photo
Probably, you just need to record the death certificate with the Register of deeds, but, to be sure, you should take all of the relevant paperworkk to a good local lawyer. Good Luck.
Probably, you just need to record the death certificate with the Register of deeds, but, to be sure, you should take all of the relevant paperworkk... Read Answer
no photo
Your idea to opt out sounds sensible, but I would be certain I understand what the lawyer means. Good Luck.
Your idea to opt out sounds sensible, but I would be certain I understand what the lawyer means. Good Luck.

Without a will how would assets be divided?

Answered 9 years ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
no photo
 You are correct. In the case of your uncle, I assume all of his siblings had died. When that is the case, each person takes individually, not by representation from the parent. Good luck. 
 You are correct. In the case of your uncle, I assume all of his siblings had died. When that is the case, each person takes individually, not... Read Answer

I need to amend an Account of Fiduciary, can I fill it in as Annual AND Amended?

Answered 9 years and a month ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
no photo
If the one with a mistake was not an Annual Account, you need to file an amended account and then the regular annual one. This should not be a big deal to do. Good luck.
If the one with a mistake was not an Annual Account, you need to file an amended account and then the regular annual one. This should not be a big... Read Answer

How do I find out if I'm entitled to anything once a family member has passed?

Answered 9 years and a month ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
no photo
You are probably too late, but you should check with the Probate Court in the county your grandpa lived when he died to see if there were any proceedings. Then, whatever the answer, you will need to contact a good local lawyer there to look into this for you. Be prepared to pay hourly for this work. Good Luck.... Read Answer
You are probably too late, but you should check with the Probate Court in the county your grandpa lived when he died to see if there were any... Read Answer

Does POD AT BANK SUPERCEDE A WILL IN MICHIGAN

Answered 9 years and a month ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
no photo
yes. Good Luck.
yes. Good Luck.

How do I file probate for my deceased wife to collect her inheritance from her deceased mother's estate?

Answered 9 years and 4 months ago by David J Hutchinson (Unclaimed Profile)   |   2 Answers
no photo
You need to file with the Probate Court in the County in which she lived just before her death. See a good local lawyer if you need help. Good Luck.
You need to file with the Probate Court in the County in which she lived just before her death. See a good local lawyer if you need help. Good Luck.
no photo
You will need to speak with a lawyer in Georgia. If your Dad had real property in Michigan, you may also need one here. Sorry. Good Luck.
You will need to speak with a lawyer in Georgia. If your Dad had real property in Michigan, you may also need one here. Sorry. Good Luck.
no photo
Of course you should not acknowledge receipt of something you haven't received. Offer to exchange one for the other. Good Luck.
Of course you should not acknowledge receipt of something you haven't received. Offer to exchange one for the other. Good Luck.

Can I close the probate if no creditors are owed but the family home has still not be sold

Answered 9 years and 6 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
no photo
You can certainly do so if you deed it to the heirs first. You can't end probate with assets left in the estate. If your plan is to sell the house, just keep probate open until it is sold. That is no big deal. Good Luck.
You can certainly do so if you deed it to the heirs first. You can't end probate with assets left in the estate. If your plan is to sell the house,... Read Answer
no photo
If you think there is enough value there to fight about, you should immediately hire a good local lawyer and take all of the information you and your sister have for that person to review. Good Luck.
If you think there is enough value there to fight about, you should immediately hire a good local lawyer and take all of the information you and your... Read Answer