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Michigan Probate Legal Questions

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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 4
Do you have any Michigan Probate questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 116 previously answered Michigan Probate questions.
Wills and Probate
Michigan

Recent Legal Answers

I have a will signed by a lawyer who is no longer in practice. How do I find out where the client files were transferred to?

Answered 9 years and 9 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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I don't fully understand. if you have the original, you need nothing more. If you do not have the original and can't find it, do another one. The onlly way I see this as a problem is if you have only a copy and the will is that for a person no longer mentally able to do a new one. If that is the case, try the local bar association or the state bar association for help finding the documents. Good Luck.... Read Answer
I don't fully understand. if you have the original, you need nothing more. If you do not have the original and can't find it, do another one. The... Read Answer

i have a will that is not notarized is it a legal document

Answered 9 years and 10 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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It may be. Take it and all relevant facts and other documents to a good local lawyer. Good Luck.
It may be. Take it and all relevant facts and other documents to a good local lawyer. Good Luck.

About will

Answered 9 years and 10 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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As a surviving widow, you would have some significant rights, but the will would likely stand. Ask him to do a new one.
As a surviving widow, you would have some significant rights, but the will would likely stand. Ask him to do a new one.

Do I put my Husband on the will first, then upon his death then the kids?

Answered 9 years and 11 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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If you are making a will and want anything to go to your husband, you need to say it in the will. Your best bet is to see a good local lawyer to be sure things are the way you want them. Good Luck.
If you are making a will and want anything to go to your husband, you need to say it in the will. Your best bet is to see a good local lawyer to be... Read Answer

how long to retain records of a terminated living will in michigan

Answered 10 years ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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I am sorry, but I do not understand the question. As I understand it, a "living will" is nothing more than a written set of desires a person has about how much he or she wants medical professionals to work to prolong their life. These are not legally effective in Michigan, and I have no idea why one would need to retain one of these that had been terminated. If you mean that the person has died, I guess I would hand onto it for a while, but I am not sure what the use would be. Sorry.... Read Answer
I am sorry, but I do not understand the question. As I understand it, a "living will" is nothing more than a written set of desires a person has... Read Answer

John Hancock is not paying to what is owed to me I am his benefishery and I have a will that showes he left all to me

Answered 10 years ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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You need to take all of your paperwork to a good local lawyer to see where you and the boys stand. Divorces do generally automatically take the ex-spouse out, but not always. Good Luck.
You need to take all of your paperwork to a good local lawyer to see where you and the boys stand. Divorces do generally automatically take the... Read Answer

My mother is keeping my grandpa,dad,an grandma's will from mean I know I inherited alot. What's my rights?

Answered 10 years and a month ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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If they are deceased, she cannot do this. You can start a probate proceeding for any or all of them and force the will into the open. Contact a good local lawyer. Good Luck.
If they are deceased, she cannot do this. You can start a probate proceeding for any or all of them and force the will into the open. Contact a good... Read Answer

Do you have to go through probaye if you have a will?

Answered 10 years and a month ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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Generally, yes, but not necessarily. It depends upon what assets one has at death and how those are titled. Also, many people are afraid of Probate needlessly. It is pretty efficient, and not very costly. It is NOT true that one pays a lot of taxes if one goes through Probate that one avoids otherwise. Take your specific situation to a good local lawyer to understand it better. Good Luck.... Read Answer
Generally, yes, but not necessarily. It depends upon what assets one has at death and how those are titled. Also, many people are afraid of Probate... Read Answer

I asked my step mom if my dad had a will / trust cause she said there is ,what is the lawyers name she wrote back its her business and not mine, what

Answered 10 years and a month ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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If your dad has passed away and had a will or trust in which you are mentioned, you are absolutely entitled to information. If she refuses, you can file proceedings with the local Probate Court to force things. Go to a good local attorney. Good Luck.
If your dad has passed away and had a will or trust in which you are mentioned, you are absolutely entitled to information. If she refuses, you can... Read Answer

Do I have the legal right to know what's going on with my Mothers will, of which I am included in?

Answered 10 years and a month ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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You absolutely have every right to know everything that is going on. I assume your brother filed the will with the local Probate Court, right? He had to do so to be appointed Personal Representative. If he filed, you can see it at the court if necessary. If he hasn't filed anything, he is not yet the PErsonal Representative even if the Will says he should be. YOU can file papers with the Probate Court to start proceedings and force him or whoever has the will to file it with the court. Good Luck.... Read Answer
You absolutely have every right to know everything that is going on. I assume your brother filed the will with the local Probate Court, right? He had... Read Answer

how do i go about to find out about a will ..

Answered 10 years and 2 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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Much more information is needed here. Do you know there is a will? Do you know who the lawyer for the deceased relative was? Get all you know and your questions to a good local lawyer. Good Luck.
Much more information is needed here. Do you know there is a will? Do you know who the lawyer for the deceased relative was? Get all you know and... Read Answer

What can I do, my father passed away two months ago I don't know if there is a will my step mom isn't say anything don't know my rights

Answered 10 years and 2 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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Do you have any idea whether there is a will or not? Do you know who your father's attorney was? If so, call that person. Alternatively, you should tell your step mother that, unless she produces a will, you will assume there is none, and, unless she files a probate proceeding, you will do so. Go to a good local lawyer. Good Luck.... Read Answer
Do you have any idea whether there is a will or not? Do you know who your father's attorney was? If so, call that person. Alternatively, you should... Read Answer

John Hancock sent me paperwork because I am the beneficiary and the will is leaving all to me, what do I need to do

Answered 10 years and 2 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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You may need only to fill out the paperwork they have sent you, but if you believe that he had other assets that may need to be probated, get the facts that you know and can find out to a good local attorney in the county in which he lived at the time of his death. Good Luck.
You may need only to fill out the paperwork they have sent you, but if you believe that he had other assets that may need to be probated, get... Read Answer

How do I obtain a will? If I am out of state?

Answered 10 years and 2 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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Your question does not give sufficient facts. Who died? For whom does your father have power of attorney? Where did the deceased live? How do you know what was supposed to be given to "the family," and whom do you mean by "the family"?
Your question does not give sufficient facts. Who died? For whom does your father have power of attorney? Where did the deceased live? How do... Read Answer

Executor of my fathers will - I feel Ive been overcharged

Answered 10 years and 3 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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I do not understand your question. More detail is needed. Sorry for your situation, but you might be best served by taking your entire factual situation (and all paperwork) to a good local lawyer. Good Luck.
I do not understand your question. More detail is needed. Sorry for your situation, but you might be best served by taking your entire factual... Read Answer

How to open estate over $22,000

Answered 10 years and 3 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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If the cousin had already died before your father, you need only file in Michigan, and, for that amount, it should be a very quick and easy filing. Go to a good local attorney, and you can get this taken care of. Good Luck.
If the cousin had already died before your father, you need only file in Michigan, and, for that amount, it should be a very quick and easy filing.... Read Answer

Can Mom amend her will to give me share of the house sale and nothing else

Answered 10 years and 3 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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If your mother agrees, of course SHE can do this. Under your circumstances, if she intends to do this, I think it would make sense to have your brother involved as well so that there are no claims that you improperly influenced your mother into making this change. Good Luck.
If your mother agrees, of course SHE can do this. Under your circumstances, if she intends to do this, I think it would make sense to have your... Read Answer

Dad died 7 yrs ago. Still waiting for will to be brought to probate court.

Answered 10 years and 3 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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Anyone can start probate proceedings. You can suggest a different Personal Representative than the one set out in the Will, but you do need to point out who was nominated in the Will. You can then explain the situation to the Judge and ask for a different Personal Representative. Under the circumstances you set out, you should be successful, but you should not wait any longer (you should not have waited this long). Good Luck.... Read Answer
Anyone can start probate proceedings. You can suggest a different Personal Representative than the one set out in the Will, but you do need to point... Read Answer

Can I get free help just with filling out Probate paperwork?

Answered 10 years and 4 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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I think you need an attorney and you are probably over-estimating the cost. Call and talk to a few local lawyers, lay out the situation, and see what they say. It seems you really need help, and could screw it up if you try it on your own. Good Luck.
I think you need an attorney and you are probably over-estimating the cost. Call and talk to a few local lawyers, lay out the situation, and see what... Read Answer

Contesting a will

Answered 10 years and 4 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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You need to hire a lawyer in New Mexico right away to fight this. Do you know how much is involved? Make sure it is worth the cost of the fight. Good Luck.
You need to hire a lawyer in New Mexico right away to fight this. Do you know how much is involved? Make sure it is worth the cost of the fight. Good... Read Answer

My great aunt left me an inherentence but I can't get it until my father passes. Is there any way around this ?

Answered 10 years and 5 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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Your question is incomplete. Why is it that you cannot get the inheritance until your father passes? Was it given to him with the remainder to you? IF that is the case, you have to wait, unless your father decides he wants it to go to you now, in which case, he can probably do what is called a "disclaimer" to let the inheritance go right to you. Good luck.... Read Answer
Your question is incomplete. Why is it that you cannot get the inheritance until your father passes? Was it given to him with the remainder to you?... Read Answer

Changing of a will

Answered 10 years and 5 months ago by Monica Wilson (Unclaimed Profile)   |   2 Answers
Yes, you do have recourse. In order to Probate the new will, the nominated PR would need to file a petition with the Probate Court in the County where your mother lived. As an heir of your mother, you would need to be served with the documents from the Court by who ever filed them.   Once you receive the papers, you need to file an objection with the Court in order to challenge that new will. If you do nothing, the new will stands and property is distributed pursuant to that will.... Read Answer
Yes, you do have recourse. In order to Probate the new will, the nominated PR would need to file a petition with the Probate Court in the County... Read Answer

Did me and my brother get screwed?

Answered 10 years and 5 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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You very well might have been entitled to something. Take all of the information you have to a good local lawyer to find out. Good Luck.
You very well might have been entitled to something. Take all of the information you have to a good local lawyer to find out. Good Luck.

How do I find out if my dad has a will.

Answered 10 years and 5 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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Has your dad passed? If so, you can ask his lawyer or go to the county probate court to see if he recorded it there. You could look in a safe deposit box if he has one. Otherwise, I know of no great way to be sure. Sorry.
Has your dad passed? If so, you can ask his lawyer or go to the county probate court to see if he recorded it there. You could look in a safe deposit... Read Answer

House was willed to only surviving son. does this need to go into probate

Answered 10 years and 6 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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Without question. This is what the Probate Court exists for. Real Estate ownership is very formally controlled, and the decedent cannot sign a deed, so it will take the Probate Court to transfer the ownership to the son. It is not a difficuilt, scary, or terribly expensive system, however. Good Luck.... Read Answer
Without question. This is what the Probate Court exists for. Real Estate ownership is very formally controlled, and the decedent cannot sign a deed,... Read Answer
Wills and Probate
Michigan

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