Michigan Probate Legal Questions

I would ask the lawyer who represented the LLC and was, presumably, personally knowledgeable of the ownership, to sign an Affidavit to that effect, and I would show that to the bank and tell them that if this is not sufficient, you will file a motion and ask the Court to award you attorney's fees against the bank unless they can articulate a basis for not cooperating. Good Luck.... Read More

tough situation. if you get no response, do you get a lawyer involved to make those requests. in order for you to have her will voided you will have to prove incapacity at the time she made the will or undue influence, both hard to prove. the whole thing may put too much stress on mom during her final illness. i would consult with a local or a Wisconsin lawyer.... Read More

Assuming that you owned the property prior tot he marriage and that it is deeded solely in your name, no it will not pass by operation of law to your spouse. However, she may still have dower rights in it, and it is possible it may be awarded to her as part of her statutory right of election, if she chooses to exercise them.... Read More

Under Michigan law a will must be admitted to probate before any distribution can be made, in addition notice  must be sent to all Interested persons of the will and probate proceedings . Interested persons are defined below 700.3306 Informal probate; notice requirements.  Sec. 3306. (1) Within 28 days after an informal probate is granted, the applicant shall give written information of the probate to the heirs, devisees, a person who demands it under section 3205, and other interested persons. The applicant also shall give information of the probate to the attorney general, public administration division, if the devisees under the will would not be entitled to share in the estate but for the terms of the will and the decedent died without leaving any known heirs. (2) The information required by subsection (1) must include the applicant's name and address, the name and location of the court granting the informal probate, and the date of the probate. The information must be delivered or sent by ordinary mail to each person entitled to notice whose address is reasonably available to the applicant. There is no duty to give information as required by this section if a personal representative is appointed who is required to give the written information required by section 3705. An applicant's failure to give information as required by this section is a breach of the applicant's duty to a person entitled to notice, but does not affect the validity of the probate. (c) "Interested person" or "person interested in an estate" includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that has priority for appointment as personal representative; and a fiduciary representing an interested person. Identification of interested persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, a proceeding, and by the supreme court rules.... Read More

An individual must survive the decedent to inherit, thus those who have already died (and their heirs) have no right to any claim on the father's estate (unless his will specifically grants them One). However, the simple solution is to include langauge leaving the estate specifically to the intended heirs "provided they survive me".  ... Read More

You may not really need a personal representative form, as you are aware, the other bank accounts passed to you by operation of law. MCL 700.3982 provides: (1) Upon a showing of evidence, satisfactory to the court, of payment of the expenses for the decedent's funeral and burial and if the balance of a decedent's gross estate consists of property of the value of $15,000.00 or less, the court may order that the property be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs. (2) Upon a showing of evidence, satisfactory to the court, that the decedent's funeral or burial expenses are unpaid or were paid by a person other than the estate, and if the balance of the gross estate after payment of the expenses would consist of property of the value of $15,000.00 or less, the court shall order that the property be first used to pay the unpaid funeral and burial expenses, or to reimburse the person that paid those expenses, and may order that the balance be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs. Thus if the balance of your husband's account was below $15,000.00 you may petition the Probate Court for an order granting the remaining account to you, if so a certified copy of that order should be sufficient for the bank. If not you will have to file a petition with the court to open a probate estate for your husband, then petition to have yourself appointed Personal Representative. You can than present your letters of authority to the bank. That however can be a very cumbersome process.    ... Read More

Dear Michigan, If you received the insurance proceeds, you were likely listed on the insurance policy as the beneficiary. An insurance policy is considered a contract of sorts & if a beneficiary is listed, then that act (naming a beneficiary) removes the proceeds out of the decedent's probate estate. Thus the funds are yours free and clear and legally you are not required to return them.  if on the other hand, no beneficiary is named then the funds belong to the estate. Typically, upon notice of death of the insured, the insurance company contacts the listed beneficiary directly and request they complete required paperwork and upon receipt of the paperwork,the insurance company cuts a check to the beneficiary.  Hope that helps & best wishes to you.... Read More

Dear Michigan, You do not state whether your father is alive or deceased.  I'm going to assume from the read of your question that your father is alive.  I practice in Illinois, so please consult an attorney in your state to ensure I'm pointing you in the right direction.  There is probably a Department on Aging in your state which covers the financial exploitation of elders and elder abuse.  The matter you describe seems to fall right under this category.  Contact that department to file a report/complaint and they will likely have you file a criminal complaint with the State's Attorney General's Office and the AG's will investigate and get your family on the road to hopefully recovering your dad's assets and prosecuting that family member for whom I'm thinking of several names to call, but none of which would be appropriate.  Best wishes with everything.... Read More

I am a California attorney so my answer may not be applicable but out here the surety (the bond company) will often accept a co-indemnitor (or co-signor) and in some cases even the attorney can be that person (if they will sign). I would ask the surety company representative for all options to get the bond issued.  Good luck to you.  -John... Read More

As you describe the situation, it is still unclear how something like this could happen. The probate courts, the IRS, and the property buyers and sellers ALL would have had to make big errors.Because you indicate there was a Will when he died, your father's property would be required to go through a court probate process. In probate a judge determines the legal heirs and then orders retitling of the property out of your father's name and into the name(s) of the heir(s). Without a clear title to the property, it cannot be legally sold. (Besides, who would purchase property without being able to then prove ownership by having a title to it?)The IRS would normally only confiscate money or property from the person with legally established ownership of it. That means: if 4 of you were declared the owners by the probate judge's order, the house would be owned by all 4 of you and it would take all four to make the legal sale. If the house was then sold, you would each get your portion as instructed in the Will. Because only one person owed the IRS, the money from the sale would only be taken from the one who owed the IRS taxes or penalties. Until ownership is established in probate, the IRS would not usually even be involved.I strongly encourage you to seek the advice of a Michigan attorney with estate and tax experience. He or she will know the questions to ask you to get the additional information to make sense of your situation. His or her answers may provide you with an understanding of what happened. But until the full situation is understood, not much else can be done. When the circumstances are clear, if they require further legal action, your attorney can help you through those processes. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com... Read More