Brook McCray Smith’s Answers

Brook McCray Smith

Ann Arbor Business Attorney.

Contributor Level 14
  1. If I have two surviving children, one deceased, (not married) can I specifically direct half of my estate to each of them?

    Answered 3 months ago.

    1. Brook McCray Smith
    2. James P. Frederick
    3. David B. Carter Jr.
    4. Jennifer Herrick Coles
    5. Peter L. Conway
    6. ···
    7 lawyer answers

    Yes, an estate planning attorney can easily provide wording for your will that will or your trust that will accomplish this goal.

    11 lawyers agreed with this answer

  2. Signing away any rights to our mothers house when she passes to one sibling

    Answered 10 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

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

    Answered over 1 year 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

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

    Answered over 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

  5. How do I purchase shares within my Corporation?

    Answered over 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

  6. 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 over 1 year 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

  7. 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 over 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

  8. Bought property. Wife's name not on title. Will she be entitled to property or does she have to go to probate court?

    Answered about 1 month ago.

    1. Chelsea Megan Rebeck
    2. James P. Frederick
    3. Brook McCray Smith
    4. Stephen Charles Johnston
    5. Jennifer Herrick Coles
    5 lawyer answers

    Estate planning is a good idea, but to assure that your wife will have an interest in the property, the easiest thing to do would be to do would be to quit claim the property to you and her husband and wife. There may be reasons why you don't want to do this, which is why consultation with an attorney is a good idea, but if there are no reasons against, a quit claim deed can be prepared, signed and recorded in short order.

    8 lawyers agreed with this answer

  9. Estate plan?-will? trust?- how to leave money to handicapped kid?

    Answered 2 months ago.

    1. David B. Carter Jr.
    2. Donald B. Lawrence Jr.
    3. Brook McCray Smith
    4. Ivette M Santaella
    5. Joshua J. Tanis
    6. ···
    8 lawyer answers

    As Ms. Santaella indicates, you will need to meet with an estate planning attorney, who will be able to respond to your wishes and draft the necessary documents.

    8 lawyers agreed with this answer

  10. 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 9 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

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