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Michigan Probate Legal Questions

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116 legal 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
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Wills and Probate
Michigan

Recent Legal Answers

My sister took my fathers belongings out of his house without my permission when I’m the executor of his will ??

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
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 6 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 More

Are adult children entitled to any money in joint accounts with their deceased father and step-mother?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 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 More
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 More

How can I view my mother's will ?

Answered 6 years and 9 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.

If we don’t sell property that dad owned do we still have to pay medical and credit cards in his name

Answered 6 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
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 More

Life insurance check made out to the “estate of...”

Answered 7 years ago by attorney Terry Lynn Garrett   |   1 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.

I'm taking care of my illl mother and need to secure the relationship.

Answered 7 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
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 More

Would I be able to challenge a Will?

Answered 8 years and 2 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

ive been a benficiary of this home on the beach it hasnt went thru probate the death was in 2002 can i go live in that home till one of us do probate

Answered 8 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

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

Answered 8 years and 4 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

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

Answered 8 years and 4 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

Probate

Answered 8 years and 4 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
See a good local lawyer
See a good local lawyer

Mother died in 2010 house is left to all 4 children other assests were distributed. House is worth $29,000. I am the executor, never went to probate

Answered 8 years and 7 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

My aunt died. I think she may have left a will. Can I have an attorney contact my estranged cousins attorney to officially see if a will exists?

Answered 8 years and 8 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

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

Answered 8 years and 9 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

Sister just passed, can I opted out of trustee of her will. She lived in Al for the past 25 yrs. I am in Mi .

Answered 8 years and 9 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 8 years and 9 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
 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 More

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

Answered 8 years and 10 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

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

Answered 8 years and 11 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 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 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 More
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 More

Does POD AT BANK SUPERCEDE A WILL IN MICHIGAN

Answered 8 years and 11 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 a month ago by David J. Hutchinson (Unclaimed Profile)   |   2 Answers
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.

What is the process of becoming an executor of my father's estate? He died in July 2016. He was a resident of Griffin, Ga. I live in Detroit, Mi.

Answered 9 years and a month ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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.

In Michigan Informal probate, is the Receipt of Distributed Share signed prior to release of distribution and closing of the estate?

Answered 9 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

Mom passed leaving house to brother who lived there. Does it include all property of hers in house? What about financial accests in accounts.

Answered 9 years and 5 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More
Wills and Probate
Michigan

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