Probate in Michigan | MI Legal Resources | FastCounsel

How can an executor challenge a creditor claim on predatory lending grounds for an elderly decedent in Michigan?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Detailed Answer When an executor in Michigan encounters a creditor’s claim that may stem from predatory lending targeting an elderly decedent, the executor can object and seek disallowance under Michigan’s probate rules and […]

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What factors determine the total cost of administering an estate in Michigan?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Michigan, the total cost of administering an estate depends on several key factors: Personal Representative Compensation: Under Michigan law, a personal representative receives compensation based on the size and complexity of the estate. The statute MCL 700.3718 lists […]

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What steps are needed to seek guardianship or a conservatorship for an incapacitated relative in Michigan?

Detailed Answer Under Michigan law, you must petition the probate court for guardianship (personal care) or conservatorship (financial affairs) when a relative cannot manage daily or financial matters. Michigan’s statute is the Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq. Steps to Seek Guardianship or Conservatorship in Michigan Assess Capacity and NeedDetermine whether […]

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Which documents and certificates should be collected to begin estate administration in Michigan?

Detailed Answer When starting estate administration in Michigan, you must gather key documents to help the personal representative comply with the Estates and Protected Individuals Code (EPIC). 1. Death Certificate Obtain several certified copies of the decedent’s death certificate from the Michigan Department of Health and Human Services. You will need them for banks, insurers, […]

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How can estate expenses and ongoing bills be managed during the probate process? – MI

Disclaimer: This article provides general information about administering an estate in Michigan and is not legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer During Michigan’s probate process, the personal representative (formerly known as executor) has a duty to manage estate expenses and pay ongoing bills in an orderly fashion. […]

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How to Enforce Distribution of Life Insurance Proceeds in Probate When No Beneficiary Was Designated in Michigan

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Michigan for guidance on your specific situation. Detailed Answer When a decedent’s life insurance policy names no beneficiary or the named beneficiary predeceases the insured, Michigan law directs that proceeds become part of the decedent’s probate […]

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How Can a Beneficiary Compel an Estate Administrator to Pay an Inheritance Share in MI?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified probate attorney regarding your situation. Detailed Answer Under Michigan’s Estates and Protected Individuals Code (EPIC), a personal representative (sometimes called an estate administrator) must gather assets, pay valid debts and expenses, then distribute the remaining estate to […]

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How Does Intestate Succession Work in Michigan When No Spouse and Two Children

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer When a person dies without a valid will, Michigan law follows the rules of intestate succession under the Estates and Protected Individuals Code (EPIC). “Intestate” means there is […]

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How Does Intestate Succession Work in Michigan (MI) When No Will Exists and the Decedent Died With No Spouse and Three Children?

Detailed Answer When a person dies without a valid will in Michigan, they are considered to have died intestate. The Michigan Estates and Protected Individuals Code (EPIC) governs how the estate distributes. Without a surviving spouse, the entire estate passes equally to the decedent’s children under MCL 700.2103. In this scenario, with no spouse and […]

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How Can Michigan’s Slayer Statute Affect an Heir’s Right to Inherit from a Decedent’s Estate?

Understanding Michigan’s Slayer Statute and Inheritance Rights Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney for guidance specific to your circumstances. Detailed Answer Michigan’s Estates and Protected Individuals Code (EPIC) contains a slayer statute that prevents anyone who feloniously and intentionally kills a decedent from inheriting […]

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