Todd D. Schmitz’s Answers

Todd D. Schmitz

Mount Clemens Elder Law Attorney.

Contributor Level 10
  1. Should friend have elder mother sign off on mutually owned house so it won't go through probate should she die in nursing home?

    Answered over 1 year ago.

    1. Timothy J. Klisz
    2. Peter L. Conway
    3. Todd D. Schmitz
    4. Scott Matthew Nichol
    5. Karla B Levinson
    6. ···
    7 lawyer answers

    It's likely you need an attorney, depending on the reason for the guardianship. There is a way to protect the house. But it will be important to determine who has legal authority and capacity to do so.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. CanI be left a home when person dies with rt to live in untill I die.then he stipulates who it goes to after my passing?

    Answered over 1 year ago.

    1. Todd D. Schmitz
    2. Julie Aletta Paquette
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    Yes. There are several ways to accomplish this, including certain deeds, trusts and wills. Each has advantages and disadvantages, and different costs. The scenario you describe is frequently done.

    5 lawyers agreed with this answer

  3. I have 3 sons and want one taken off my will.

    Answered 9 months ago.

    1. Julie Aletta Paquette
    2. Joseph Franklin Pippen Jr.
    3. Michael Leo Potter
    4. Todd D. Schmitz
    5. David B. Carter Jr.
    6. ···
    7 lawyer answers

    You may also want to consider a trust. And in the trust or will, include a solid no-contest clause.

    4 lawyers agreed with this answer

  4. I would like information on Trusts. How do I get a copy ? The Trustee is very secretive and I have a vested interest

    Answered over 1 year ago.

    1. Andrew W. Mayoras
    2. Todd D. Schmitz
    3. John F. Brennan
    3 lawyer answers

    If you have not yet requested a copy in writing, you may want to check with an attorney about whether it may be helpful.

    3 lawyers agreed with this answer

  5. My brother has power of attorney for my mother. She is not receiving medical help she needs because of him. What do I do?

    Answered over 4 years ago.

    1. Todd D. Schmitz
    2. James P. Frederick
    2 lawyer answers

    Mr. Frederick provided an outstanding answer to this question!

    Selected as best answer

  6. Our mother is beginning her spend down process and will be released from therapy this week. Can she pay the taxes on her house?

    Answered 3 months ago.

    1. Andrew R. Byers
    2. Horacio A. Sosa
    3. Jerry E Shiles
    4. Todd D. Schmitz
    4 lawyer answers

    Yes, the property taxes on her primary residence may often be paid without a problem, but what is confusing to me is that you said she, "will be released," yet you would like to pay the taxes "before her money is gone. " If she is being released, then presumably the expense of therapy would be gone, which might leave money for taxes and/or home care? But there are often planning techniques that can be used that can be helpful for Medicaid benefits and/or Veterans benefits, which might help...

    2 lawyers agreed with this answer

  7. Does a subsequent written statement trump a documented trust if provisions allow for this

    Answered over 2 years ago.

    1. James P. Frederick
    2. Todd D. Schmitz
    3. Steven J. Fromm
    3 lawyer answers

    It's possible the hand-writing and the typed trust are entirely consistent. An issue is whether the hand-writing is an amendment to the trust or whether it is simply making the intent clear regarding distributions of personal property. It is common for revocable living trusts to refer to a "list" or other document that would distribute personal property according to the way the grantor hand-writes, or signs a list of personal property expressing their intent regarding personal property...

    2 lawyers agreed with this answer

  8. My Dad placed his home,bank accts, investments& executor in my 1 sisters' name. Does that negate the Will to all 3 girls?

    Answered about 4 years ago.

    1. James P. Frederick
    2. Robert D. Mouradian
    3. Todd D. Schmitz
    4. Michael J. Willis
    4 lawyer answers

    Do you get along with your sister, do you trust her to share the estate the way your father intends, and is she healthy..? If the answer is yes, then there may be no problem. Of course, there are many things that could go wrong with your father's plan: your sister may decide not to share the assets, or she may want to share them but become disabled and unable to do so when your father dies, or your sister may get divorced and subject some of your father's assets to that litigation, or...

    2 lawyers agreed with this answer

  9. Legal letter to refuse trust real estate.

    Answered over 4 years ago.

    1. Kevin Michael Hirzel
    2. Todd D. Schmitz
    3. RobRoy Platt
    4. Janet Lee Brewer
    4 lawyer answers

    As long as you have not exercised any control over the assets, and it sounds like you haven't, then you may disclaim. Even if the trust says it then goes to your descendants, your descendants may also disclaim. A well-drafted trust will allow the trustee to accept a disclaimer from a minor child's parent. But before you give up your right to property by disclaiming, make sure you know for sure what you're giving up. Right now the trustee has all the work, duty, and burden to administer...

    2 lawyers agreed with this answer

  10. Is it necessary to probate a will in Mi?

    Answered over 4 years ago.

    1. Todd D. Schmitz
    2. Dean E. Patrick
    3. Karen L Brady
    3 lawyer answers

    It is not necessary to probate a will. But to use a will it must be probated. "Probate" means to prove the will. Usually, a will is used when there is a dead person's name alone on an asset and no living beneficiary named on the asset. There are many times a will is avoided, such as with a revocable living trust, joint ownership or a beneficiary designation. The reason is that, even if your will says your kids get everything equally, institutions may be nervous about honoring it without...

    4 people marked this answer as helpful

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