Brook McCray Smith’s Answers

Brook McCray Smith

Ann Arbor Business Attorney.

Contributor Level 13
  1. Signing away any rights to our mothers house when she passes to one sibling

    Answered 5 months ago.

    1. Brook McCray Smith
    2. James P. Frederick
    3. Lynnmarie A. Johnson
    4. Douglas Eugene Kuthy
    5. Donald B. Lawrence Jr.
    5 lawyer answers

    If your mother is not incapacitated, she could execute a "ladybird" deed under which she deeds the property to your sister while retaining a life estate and the ability to change the deed at anytime prior to her death. To protect against her becoming incapacitated and unable to make necessary changes in the title she should could execute a durable power of attorney appointing someone else (perhaps another sibling) as attorney-in-fact. Both documents should be prepared by an attorney after...

    11 lawyers agreed with this answer

  2. My brother is personal representative of an estate of my Grandmothers. The only thing left in the open estate is property.

    Answered 11 months ago.

    1. Brook McCray Smith
    2. Steven M Zelinger
    3. James P. Frederick
    4. Joseph Franklin Pippen Jr.
    5. David B. Carter Jr.
    5 lawyer answers

    The important first step is to confirm that your grandmother was the sole owner of the property prior to her death. If this was the case, your brother, as personal representative, is the only one who can legally convey the property, and then only in compliance with Michigan statutes. If someone else has attempted to do so, the deed is ineffective, but still likely to confuse. Your brother needs to obtain the help of a real estate/probate attorney to sort this out. The taxes need to be paid....

    11 lawyers agreed with this answer

  3. How to protect Moms assets from a brother who is draining her?

    Answered about 1 year ago.

    1. Brook McCray Smith
    2. Julie Aletta Paquette
    3. Robert E. Harris Jr.
    4. David B. Carter Jr.
    5. Peter L. Conway
    5 lawyer answers

    If the funds are not in a trust, the only issue is whether your mother is competent. If she is, she can't be stopped from making bad decisions, although repeatedly making bad decisions could be cited as evidence of incompetence. You should discuss the matter in detail with a Michigan attorney familiar with elder law, but the fact that neither you nor your sister live nearby is going to make it extremely difficult for you to successfully intervene in this situation.

    10 lawyers agreed with this answer

  4. How do I purchase shares within my Corporation?

    Answered about 1 year ago.

    1. Brook McCray Smith
    2. David J Starkweather
    3. James P. Frederick
    3 lawyer answers

    The corporation can issue shares to you in exchange for your membership interest in the LLC or the corporation can issue shares to the LLC in exchange for its net assets. Either way the transaction needs to be properly documented. I urge you to consult a business attorney.

    Selected as best answer

  5. Dad died, left all to girlfriend. Her will leaves all to my brother and me. What can we do about dad's stuff in the meantime?

    Answered 12 months ago.

    1. Brook McCray Smith
    2. David B. Carter Jr.
    3. Paul A. Smolinski
    3 lawyer answers

    Unless your father's friend in incompetent, your only alternative is to try to continue to work with her to preserve the property - perhaps by buying it from her if she needs money. If she is competent, she has the right to change her will and leave everything she received from your father to someone other than your brother and yourself. Discuss the matter with an estate planning attorney in your area.

    9 lawyers agreed with this answer

  6. I am a physician in Michigan with an S corporation. A patient wishes to sue me, can they take my home and personal items?

    Answered about 1 year ago.

    1. Brook McCray Smith
    2. Thomas R. Morris
    3. John F. Brennan
    4. Azzam E. Elder
    5. James T. Weiner
    6. ···
    6 lawyer answers

    Yes, tell your malpractice carrier immediately! If you are not carrying insurance, contact a medicL malpractice defense attorney immediately.

    9 lawyers agreed with this answer

  7. Want to make a hostile claim to obtain limited rights in property I've been taking care of for 25 years. How do I word the ad?

    Answered 5 months ago.

    1. Brook McCray Smith
    2. John F. Brennan
    3. Christopher Allyn Sevick
    3 lawyer answers

    The requirements for obtaining title to property by adverse possession do not include advertising. You must actually occupy the disputed property in a way that is visible, open, notorious, exclusive, continuous, and uninterrupted as well as hostile to the tile of the true owner continuously for a period of 15 years. If you wish to pursue such a claim, you should consult with a real estate attorney.

    8 lawyers agreed with this answer

  8. Quit claim deed

    Answered 6 months ago.

    1. Brook McCray Smith
    2. James P. Frederick
    3. Shelley Ann Elder
    3 lawyer answers

    The answer depends entirely on how the property was titled when your mother and aunt bought it. If they were "joint tenants", the property passed to your aunt on your mother's death. If they were "tenants in common" or if the deed just listed their names without describing the nature if their ownership, 1/2 of the home passed to your mother's estate. A real estate attorney can look this up for you.

    8 lawyers agreed with this answer

  9. We have a cottage and we put my husband, me(wife)and our 2 children 31 and 33 yrs. old on our deed, instead of using the

    Answered 10 months ago.

    1. Brook McCray Smith
    2. Sueann T. Mitchell
    3. James P. Frederick
    4. Julie Aletta Paquette
    4 lawyer answers

    No. The beauty of a ladybird deed is that the current owner retains the ability to control and use the property during their life time, and this right cannot be interfered with by the children or their creditors. There are also uncapping issues. You should contract a real estate attorney for advice on how to attempt to reverse the deed to the four of you.

    8 lawyers agreed with this answer

  10. What is michigan law reguarding sale of land on a oral aggrement

    Answered about 1 year ago.

    1. Brook McCray Smith
    2. John J. Keenan
    3. David P Fraser
    3 lawyer answers

    The general rule in Michigan is that agreements for the sale of land must be in writing. Like all good rules there are exceptions. If there is nothing in writing with your sister and if you had good title to the home prior to the transaction, title is still in your name. You will need to start an eviction action to regain possession of the property. Please do not do attempt to do this without the assistance of a real estate attorney.

    8 lawyers agreed with this answer

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