How are real property and personal assets identified, inventoried, and distributed under intestacy law in Michigan?
Disclaimer: This article provides general information only and does not constitute legal advice. Detailed Answer 1. Identifying Real and Personal Property Under Michigan law, the personal representative of an intestate estate must first distinguish between real property and personal property. “Real property” includes land and anything permanently attached, such as buildings or fixtures (MCL 700.1106). […]
Read article →What options exist to secure missing estate documents from uncooperative institutions in MI?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Michigan attorney about your specific situation. Detailed Answer When a bank, title company, or other institution refuses to hand over estate documents, the personal representative can use several legal tools under Michigan law: Letters of Authority and Informal […]
Read article →What type of deed should heirs sign to convey their interests in property in Michigan, and how is it recorded?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Michigan law, when heirs inherit real property after a decedent’s death, they hold title by operation of intestate succession. To transfer their individual interests in that property—whether a single heir or multiple heirs acting together—the common instrument is […]
Read article →How can a client verify creditor notice requirements were satisfied in the original estate to rely on Michigan’s two-year rule?
How to Verify Creditor Notice Requirements to Rely on Michigan’s Two-Year Estate Claim Bar Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified probate attorney for guidance on your specific situation. Detailed Answer Under Michigan law, creditors must receive proper notice before their claims against an […]
Read article →Should a Personal Representative Open an Estate Account in Michigan?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Michigan law, when a person is appointed as a personal representative (commonly called an executor), that individual must gather and manage the decedent’s assets for the benefit of […]
Read article →What steps are needed to bring real property into the estate in Michigan in order to pay claims of the estate?
Detailed Answer In Michigan, bringing real property into a probate estate ensures creditors can be paid when estate assets alone are insufficient. Follow these steps: Open the probate estate. File a petition in the probate court of the county where the decedent was domiciled under MCL 700.3101. This appoints a personal representative with authority to […]
Read article →Can I Seek Reimbursement from the Estate for Paying the Funeral Bill? Michigan
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Michigan’s Estates and Protected Individuals Code (EPIC), funeral expenses receive priority as an administrative expense in probate. Specifically, MCL 700.3618 defines “funeral expenses” as reasonable charges for funeral services, burial or cremation, and related costs. You may seek […]
Read article →How Can an Administrator Verify Full Satisfaction of an Outstanding Vehicle Loan in Michigan?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When you serve as an estate administrator in Michigan and discover an outstanding vehicle loan, you must confirm that full payment has permanently extinguished the lien. Michigan law requires clear proof of satisfaction before transferring or selling the vehicle. […]
Read article →How Does an Incomplete or Missing Marriage Certificate Affect a Surviving Spouse’s Allowance Claim in Michigan?
Disclaimer: This is not legal advice. Consult a qualified Michigan attorney for guidance on your specific situation. Detailed Answer Under Michigan law, a surviving spouse may seek a family allowance from the decedent’s estate to cover living expenses during probate (see MCL 700.3807). A valid marriage certificate typically proves the legal relationship that gives rise […]
Read article →How Can a Client Obtain Appointment as Administrator When a Higher-Priority Heir Exists in Michigan?
Detailed Answer Under Michigan’s Estates and Protected Individuals Code (EPIC), a strict priority governs who may serve as an estate’s personal representative. See MCL 700.3202 (https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-700-3202). The typical order is: Surviving spouse Children and descendants of deceased children Parents Siblings and descendants of deceased siblings Grandparents and next of kin If a higher-priority heir exists, […]
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