What is the process for inventorying and distributing estate assets among multiple heirs in Michigan?
Detailed Answer Disclaimer: This article provides general information under Michigan law and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your situation. 1. Appoint a Personal Representative To begin probate, the court appoints a personal representative (PR), sometimes called an executor. The PR gathers assets, notifies interested parties, and handles […]
Read article →How do heirs locate and claim unclaimed property of a deceased relative? (MI)
How Can Heirs Locate and Claim Unclaimed Property of a Deceased Relative in Michigan? Detailed Answer When a person dies, they may leave behind unclaimed assets—bank accounts, insurance benefits, safe-deposit contents or other funds—that the state holds until rightful owners or heirs come forward. Under Michigan’s Unclaimed Property Law (MCL 445.101–445.267), the State Treasurer takes […]
Read article →What factors influence the timeline for completing the probate process in MI?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Michigan, the probate process can span from a few months to over a year, depending on several variables. Understanding these factors helps personal representatives and heirs set realistic expectations. 1. Estate Complexity Larger or more complex estates often […]
Read article →Risks of Probating a Father’s Estate Without an Attorney in Michigan
Detailed Answer Disclaimer: This information is for educational purposes and does not constitute legal advice. Consider consulting a qualified attorney before acting. Probate Process Overview in Michigan Probate in Michigan follows the Estates and Protected Individuals Code (EPIC), found at Michigan Compiled Laws (MCL) Chapter 700. You start by filing a petition in the county […]
Read article →If Real Property Passes Automatically at Death vs. Why Do I Have to Probate the Will in Michigan
Detailed Answer In Michigan, property can transfer at death either through non-probate methods or via a will in probate. Understanding the distinction helps you know why some real estate bypasses probate while other real property must go through court. 1. Non-Probate Transfers Non-probate transfers pass outside the will and do not require probate proceedings. Common […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Michigan?
Detailed Answer When someone dies in Michigan, the appointed personal representative must notify the decedent’s creditors and handle any claims against the estate. These steps help ensure that valid debts are paid before assets are distributed to beneficiaries. 1. Appointment of a Personal Representative Before notifying creditors, a probate court issues “Letters of Authority” to […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate in Michigan?
Detailed Answer Probate Filing Requirements in Michigan To open an estate in Michigan, you must petition the probate court under the Michigan Estates and Protected Individuals Code, MCL 700.3101 et seq. The court requires proof of death before issuing letters of authority. Michigan law defines acceptable proof as a certified copy of the death certificate. […]
Read article →How do I prepare an heirship affidavit in Michigan?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation. Michigan law does not provide a formal “affidavit of heirship” for transferring all assets of a decedent. Instead, you can use a small estate affidavit under the Estates […]
Read article →Can I elect to receive a life estate instead of an intestate share in Michigan?
Detailed Answer Under Michigan law, heirs of a decedent who dies intestate inherit property according to MCL 700.2102 et seq. A surviving spouse may claim a statutory elective share under MCL 700.2801 et seq., but the statute does not authorize an heir or spouse to elect a life estate in specific property in lieu of […]
Read article →How Does an Executor Obtain an EIN for an Estate in Michigan?
Disclaimer: This is not legal advice. It is for informational purposes only. Detailed Answer When a Michigan probate court appoints you as a personal representative (sometimes called an executor) under MCL 700.3103, one of your first tasks is to secure an Employer Identification Number (EIN) from the Internal Revenue Service. An EIN serves as the […]
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