A relative just passed away in Mi with no will. He had many debts he owed on. He owned some acreage and one vehicle that he was still making payments on. He had several other vehicles that were paid off. Can transfer of the paid off vehicles be made and then sold, so those items don't have to go through probate? Is it only property still owed on that has to go through probate? What if he owes more than what the paid off properties are worth?

Any property that is titled in the name of the decedent must go through probate, in most cases. There is an exception for motor vehicles, if the combined value of the vehicles does not exceed $60,000. There is a Certificate form that you can file with the Secretary of State, to re-title the vehicles, without the need for probate. This procedure is generally only used, and is only appropriate, when probate is not otherwise going to be filed. If you are going to file for probate anyway, then you might as well have the vehicles included in the probate estate. Once a Personal Representative has been appointed, he or she can negotiate with the creditors to get the debt reduced. I have had clients successfully negotiate down to 10¢ on the dollar of what is owed. Often the creditor will not file a timely claim at all. and their claim would be barred.There are probate costs that would need to be factored into your decision on whether or not to file an estate. Whether it makes sense or not depends on the value of the assets. It should be relatively easy to get a rough estimate of the value of the assets by doing some checking online. The costs of probate vary, but should be in the neighborhood of $5,000.

How can I find out if my grandmother has a active probate will or some thing related on my grandfather? my cousin said there is. I'm the only living beneficiary, there's suppose to be 150k roughly. 

You should check with the county clerk in the county where she resides at her death to see if a probate has been filed. Other possible counties could include anywhere she owned real estate or the county in which she died.

My father recently passed away. He had a will that names me, his only child, the executor and beneficiary of his estate. I also have a financial power of attorney document. His entire estate contains only about $1800 in a bank account and a car worth about $800. He has about $1500 in credit card debt. He has no owned property. In this case does the will need to go through probate? If so, do I need an attorney for such a small estate? If not, how do I proceed?

Your father's assets would not need to go through probate under the facts set forth above. You would need to wait 28 days from the date of death and then provide the bank with a Small Estate Affidavit. You can find the form (PC598), here: http://courts.michigan.gov/scao/courtforms/probate/gpindex.htm The form needs to be notarized. You would need to take a certified copy of the death certificate to the bank with you. With respect to the vehicle, you would complete a certificate with the Secretary of State's office and they would issue a new title in your name. Probate is not necessary for the vehicle.The creditors are out of luck, unless you decide to pay them.

Is a letter of agreement attached to mutual wills legal if it is not witnessed? My father and step-mother had identical wills. Attached to the wills was a letter of agreement stating that after the first person died, the survivors will became irrevocable. The letter of agreement was signed but not witnessed. My step-mother drew several new wills after my father's death. The defense lawyer says the letter of agreement is not legal because it was signed by both parties but not witnessed. Does the letter have to be witnessed?

Is a handwritten note acceptable as a will in the state Mi if there was no one acting as a witness? I am inquiring about this as a friend seems to think he does not need a will, just a note signed and in his desk.

It can be effective if signed and dated and entirely in the handwriting of the person making it, but and untrained person may well not know how to make things clear. Wills are fairly cheap, and there is also the Michigan Statutory Will which is free and will work for many folks.

Without a will, how are assets split up within a family when a male resident of Michigan dies? I live in Georgia, my brother lives in Georgia but my parents are residents of Michigan. My father just passed away, how are assets split up since my father had no will.

Joint property goes to the surviving joint owner. Assets with beneficiaries like life insurance, annuities or retirement accounts go to the named beneficiaries. The remaining property makes up the probate estate and is allocated among the surviving spouse and descendants according to a formula set forth in the Michigan statutes after paying debts and expenses.

Who would get inheritance if one equal-share party signs disclaimer before probate closes? I am equal- share partner with my sister for our mother's inheritance. It has been 8 years since she passed away, but probate has not closed yet. I want to sign a disclaimer for the house and I have a son. Based on the will: "Such shares of _ and _ are devised to them and their descendants by representation", would my son get my share or would it go to my sister?

Based on your description, your son would stand to receive your share of the estate if you disclaim. However, because more than 9 months have passed since your mother's death, it would not be a "qualified disclaimer" for IRS purposes and you might have to file a gift tax return, and perhaps even pay gift tax on the amount passing to your son (but only if you've used up your lifetime exemptions). There are strict rules for disclaimers and if you've received any property or benefits from the estate during administration, you might not even be eligible to disclaim at this point.

How do I petition a Michigan probate court for final distribution of my inheritance? I am one of four beneficiaries who own a family cottage within a living trust. I no longer wish to own my share (25%) and while the other beneficiaries are financially able to settle this we have been unable to do so after numerous attempts. A trust attorney had prepared a purchase agreement but still we were unable to come to terms for a number of reasons. After three years of arguing I am now convinced my only option is to petition the court for a solution.

The best way to show your siblings you are serious is probably to hire an attorney to send them a letter. Going to court is generally the last resort. Arguing is one thing, but going to court is going eat into some of your inheritance. If the family still refused to budge, you will want an attorney to petition the court for you. That will put your case in the best light for the judge.

My mom's will and trust states I request this estate be probated if probate is necessary, under the provisions of the Michigan Probate code allowing for independent probate. What does independent probate mean?

"Independent probate" was a form of probate administration under the OLD probate code of Michigan. That code was replaced in 1998, and independent probate no longer exists, as such. The new probate code provides for either unsupervised probate, which could be initiated either under informal or formal proceedings, or supervised probate. Most estates can be handed under informal unsupervised proceedings. That is generally the cheapest and least expensive way to administer an estate.

Do I need a document in place to keep my wife and my estate out of probate. We have two children.

Most likely, yes! You can avoid probate with some types of assets such as bank accounts with beneficiary designations, but that is more difficult to do with assets such as real property and tangible personal property. If you have minor children, you also want to make sure that you have nominated a guardian and conservator for them. The most common way to avoid probate is to have a living trust in place. Trusts range from the very simple to the very complex, all depending on what you want and need. The only way to tell for sure is to meet with an estate planning attorney and go over your situation and that of your family in detail.

It sounds like you need a consultation with an estate planning attorney. They can help you get a copy of the will and evaluate your options for using it for schooling. The clause you refer to about forfeiting your share if lawyers get involved is called a 'No Contest Clause,' and they are NOT enforceable if you have 'probable cause' (ie a good reason) to contest the actions of the executors. It also usually only applies to initiating official legal proceedings, and not merely 'getting lawyers involved.' Make sure to mention this clause at your consultation, and the attorney can help you evaluate whether you have 'probable cause' to contest the actions of the executors.

Is a Michigan Holographic Will sufficient to avoid probate? My sister unexpectedly died last week and chose me as the beneficiary of her home and all its contents, her bank account, and all proceeds from selling her paintings. She appointed our sister as Executor and granted her the land in Arizona. I had always been under the impression that when there IS a Will ,one can avoid probate.. According to MCL 700.2502

My condolences on the loss of your sister. MCL 700.2502 ONLY pertains to the requirements necessary for a holographic will to be valid and enforceable. This statute certainly does NOT allow the heirs to avoid administration through the probate court.

If a will is not notarized or witnessed is it valid in Michigan? My husband died without a notarized or witnessed will. Now there is a battle over his estate with his stepchildren. Can I present his will to the probate court to show his intentions?

What is the difference from a Trustee & Personal Representative, & who has more authority to over-ride decision making? A family member has just passed away. The deceased did not want family to go thru Probate Court. There is both a Trust & Will. Appointed myself as PR & sibling as Trustee. Who has more authority? It also states the Trustee is entitled to reasonable, customary fees, but there is nothing to indicate the PR receiving fees. All the websites say that the PR is entitled. From the breakdown of the Estate it. it appears the Trustee is more in charge. Does the PR need a separate lawyer? The house is in the Trust to be passed on to us siblings. With Probate usually Court likes Estates settled within a year. (Not always possible) What about Trusts? Is there a website that explains the responsibilities of both positions?

The PR will be in charge of the assets in the probate estate if any and that administration and the Trustee will be in charge of the assets in the Trust and the trust administration. Usually in my experience they are the same person but obviously this is not the case in your situation. This does raise several issues and I suggest you speak to an experienced probate and trust attorney. Many of us offer free consultations and are there to help.

If my Mom didn't have a will, do I notify the court so her property can go through probate? Mom died without will, now sister that lives in one of Mom's houses thinks she'll be able to have it free & clear.

My mom says me and my sister are equal in the trust. but i am worried because i know my sister has put her name on the bank accounts. will it still be divided equal? i know sister is living very rich and no job. will my mom's money be ok?

Account titling is likely a routine exclusive of the living trust. It depends upon how your mother has set up those financial institution accounts. She should be conferring now with her estate plan attorney.

Do beneficiaries have the legal right to have a copy of the trust? We have 13 beneficiaries in our fathers trust. He left everything equally to us. One of the beneficiaries is the trustee. He has given some information about the trust to certain beneficiaries but when asked for information, he ignored. We have requested to have a copy of the will, and he has denied. He sent excerpts of it which only included info on what a trustee does. Do we have the legal right to see all of the trust?

If your father is deceased, you are entitled to that portion of the trust that applies to you. If push came to shove and you demanded it in court, most judges would order that you get a copy of the entire trust. It may be that your father provided differently, in terms of how much beneficiaries received. It may be that he did not want you all to know what everyone else is receiving. Technically, you are not entitled to know what the other beneficiaries are getting. You ARE entitled to a copy of the Will. In most cases involving a Trust, however, the Will provides that anything going through probate, passes to the Trust. These are called pour-over Wills. The relevant statute is posted below, in excerpt form. Please note section 2(a). 700.7814 Duty to inform and report. Sec. 7814. (1) A trustee shall keep the qualified trust beneficiaries reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly respond to a trust beneficiary's request for information related to the administration of the trust. (2) A trustee shall do all of the following: (a) Upon the reasonable request of a trust beneficiary, promptly furnish to the trust beneficiary a copy of the terms of the trust that describe or affect the trust beneficiary's interest and relevant information about the trust property.

I have lost the stamped notarized page of my trust, but still have a copy. Is this sufficient?

I made a revocable living trust, had it witnessed, and notarized. In examining it, I discovered that I must have mailed the original notary page to one of companies with which I have investments, and all I have is a copy. Is a copy of the notarized page sufficient?

It should be sufficient. A trust is just a contract. It doesn't need to be notarized. You should not be sending your trust around to companies that have your investments. Tell the attorney who created the trust for several notarized certificates of trust existence to give to companies when opening trust accounts. He should have provided those from the beginning. The Michigan Trust Code states that a certificate of trust existence is sufficient proof of the trust for investment companies and even real estate transactions.

Can I avoid Probate with a Lady Bird deed? And what is the downside for my situation? I live in Michigan and I'm 70 years old. I have one adult daughter who is married. She is the beneficiary on my insurance and IRAs and is joint on my bank accounts. I'm considering a ladybird deed instead of a revocable living trust because my home is the only thing I would need a trust for.

A Lady Bird Deed will avoid probate if properly drafted by an attorney. I would suggest meeting with an estate planning attorney to discuss not only a deed but a power of attorney and patient advocate designation in case you need your daughter to handle financial or medical issues for you in the future. I would suggest taking her off of your accounts as a joint owner (Never a good idea for many reasons) and listing her as a beneficiary.

How can I get a copy of my grandfather's trust

My father was in charge of my grandfather's affairs. My grandfather passed away, then afterwards my father passed away. Me and my sister are the only heir's. There's money on unclaimed property in their names. We tried to claim it but was told we have to have a copy of my grandfather's irrevocable trust. Where do we get that at? Also my father married before he passed away and was told without the trust it will go to his wife. I know the trust said it goes to my father and upon his death it gets split between me and my sister. 

Your father had the trust. If you can't get it from his widow, check out the county register of deeds where grandpa resided. Sometimes you will find that his house was in a trust, some leads may come from that search.