What Is the Difference Between Informal and Formal Probate in Michigan (MI)?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Probate opens the estate of a deceased person, validates their will, and appoints someone to manage asset distribution. In Michigan, you can open probate either informally or formally. Your choice depends on estate size, complexity, and whether disputes arise. […]
Read article →How to Request and Schedule a Probate Hearing When None Is Set in Michigan
Disclaimer: This article is for educational purposes only and is not legal advice. Always consult a licensed attorney for guidance. Detailed Answer If you open a probate estate in Michigan and no hearing date is set by the court, you must actively request one. Follow these steps: 1. Identify the Proper Jurisdiction File your request […]
Read article →How to Serve Court Orders on Interested Parties in Michigan
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When you need to move a Michigan probate case forward, properly serving court orders on all interested parties is vital. Michigan law requires notice to preserve due process and give parties the opportunity to appear. Here’s how to serve […]
Read article →How to determine which tasks are covered under an initial probate representation agreement in Michigan
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney in Michigan for advice tailored to your situation. Detailed Answer An initial probate representation agreement is a written contract between you (the client or personal representative) and a probate attorney defining the services the attorney will […]
Read article →May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties in Michigan?
Detailed Answer Under Michigan law, an estate administrator (sometimes called a personal representative) must act as a fiduciary. They must collect assets, file inventories, pay debts, and distribute property according to the will or Michigan’s intestacy rules. If an administrator refuses to perform these duties, you can ask the probate court to remove them. Michigan’s […]
Read article →How can I request an extension for filing a final accounting in probate in Michigan?
Detailed Answer Under Michigan law, a personal representative or executor must file a final accounting before the probate court closes the estate. If you need more time, you can ask the court to extend the deadline. Two key authorities allow this: MCL 700.3716 authorizes the court to extend any time period required by the Estates […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Car Accident Claim in Michigan?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Michigan for advice on your specific situation. Detailed Answer Under Michigan law, a wrongful death claim arising from a car accident must be brought by the decedent’s personal representative. See MCL 600.2922 (link). Without an appointed […]
Read article →How do I apply for letters of administration and what AOC forms are required in Michigan?
Detailed Answer Letters of administration are court-issued documents that appoint a personal representative to settle an intestate estate (when someone dies without a will). Under Michigan’s Estates and Protected Individuals Code (EPIC), you must follow specific procedures and file the correct Michigan Supreme Court Administrative Office of the Courts (AOC) forms. 1. Determine Eligibility and […]
Read article →How Do I Distribute Wrongful Death Proceeds to Rightful Heirs in Michigan?
Detailed Answer Under Michigan’s Wrongful Death Act, any recovery flows through the decedent’s estate and follows statutory distribution rules. A personal representative brings the claim under MCL 600.2922. After negotiating or obtaining a judgment, the court oversees how to distribute net proceeds. Appointing a Personal Representative The probate court appoints the personal representative under MCL […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Michigan
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Understanding Medicaid Estate Recovery in Michigan Under Michigan law, the Department of Health and Human Services (MDHHS) may recover Medicaid benefits paid on behalf of a recipient by filing a claim […]
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