Probate Law
We Prevent & Resolve Problems Related to Michigan Probate Issues.
WHEN HEIRS TO REAL ESTATE NEED TO PROBATE
What happens when a loved one dies without making final provisions to convey the family home? When a parent dies without a will or proper deed, then a home cannot be legally sold, refinanced or owned by anyone other than the decedent’s estate.
At some point heirs will be compelled to file a probate action in order to legally dispose or distribute the family home. This usually happens when a family member is living in the home and soon finds that they can't get a mortgage or sell the property. Or even worse, when there is a mortgage on the home, and the lender learns of the death, the mortgage lender will call the house note due.
Probate can be a frustrating experience, especially when heirs learn that they must probate an estate right when they are trying to transfer real estate. The purpose of a probate action is to have a Personal Representative appointed by the court. Another name for a Personal Representative is Executor.
Within certain legal limits, a Personal Representative has the authority to perform administrative duties on behalf of the estate and estate’s beneficiaries. They notify those who are entitled to part of the estate’s property, deal with the estate’s finances, which includes the management of real estate. With court approval, a personal representative cannot sell or refinance real estate.
There are several ways to obtain approval to administer an estate in the probate court. Depending on the circumstances, an heir may be able to use a simplified process where the is minimal probate court involvement. When choosing the ‘simplified” route, there are two avenues to take: Informal unsupervised administration or formal unsupervised administration.
An informal administration's purpose is to appoint the personal representative named in the will or if no one was named, to appoint a personal representative that is agreed to by the heirs.
A formal administration occurs when either no will exists to name a Personal Representative, or there is a dispute as to who should serve as personal representative of the estate. It is important to begin the probate process because without an approved personal representative, the property in an estate cannot be transferred or mortgaged by the heirs.
Why Clients Choose To Work With David Soble
Former Big Bank "Insider"
Since 1990, David has protected the legal and business interests of large national lenders, investors, property owners, and real estate firms. He knows the "business" of real estate like few others.
Over 25+ Years of Experience
David doesn't just "talk the talk." He "walks the talk" having years of practical experience resolving complex real estate issues.
A large part of resolving issues is knowing where and who to go to. Over the years, David has cultivated an extensive and effective network of real estate and lending colleagues - that get results.
Peer and Client Rated
David has earned some of the highest peer ratings from the most reputable professional legal rating services in the industry. More importantly, the accolades come in every month from happy clients (and happy clients matter most!)
Affordable & Responsive
David has a solid reputation for no-nonsense problem solving and for offering innovative and effective legal and business solutions that reduce one's financial risks and legal exposure. In short, David saves his clients money and heart ache.