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Mark L. Gantz

Mark Gantz’s Answers

4 total

  • Me husband of 38 years died in 2008 . An estate planning attorney that my husband and I both knew asked to be my attorney. I pa

    Attorney is using my personal information to steal my identity. He notorized the document himself And is refusing to give the original documents back. He named himself as executor. HELP!!

    Mark’s Answer

    You should immediately report this matter to the Michigan Attorney Grievance Commission. They will investigate the matter, and if warranted, will take action against the attorney's law license.

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  • Trust, Will

    If document has a person as the personal representative, what document could that be on. Doesn't it mean when someone is listed as the person representative would be on a WILL?

    Mark’s Answer

    Actually the term "personal representative" is a blanket term used to refer to the person nominated in Will as well as the person appointed by the Court in estates where one died without a Will. Prior to 1978 Michigan used the term "executor" to refer to the person nominated in the Will, and the term "administrator" to refer to the person appointed by the Court in estates where one died without a Will. The Revised Probate Code came to the realization that the function of both the executor and the administrator was the same, and substituted the term "personal representative" to refer to both.

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  • I need to amend my divorce decree to say that my child born during marriage is not my husbands child..How do I do that?

    Married in Ohio 1996 separated in 1998, had a child in 2000 not by my husband, divorced in 2004. I did not put that I had a child during the marriage on the divorce decree so I need to amend it to say so. What do I need to do now because I live ...

    Mark’s Answer

    Assuming your Divorce Judgment was in Michigan, you would have to file a Motion to Amend Divorce Judgment, and serve your ex-husband with a copy. If you are represented by an attorney, the court has discretion to allow you to testify by telephone. If your ex-husband will cooperate, you could try to file a consent order with the court. It is not clear from your question as to why you need to do this. Why not file for paternity of the child in the state where the child presently resides? I suspect that any court that deals with the paternity of your child, will want to make sure that the biological father of your child acknowledges paternity, so that someone will be on the hook for child support. Good luck to you.

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  • Inheritance tax

    My wife stands to inherit some money (about 20k) in mid Dec. after settling her brother-in-laws estate. I told her if she can wait a couple of weeks, & settle it after Jan. 1, she should not have to pay an inheritance tax on it until 2010. She cla...

    Mark’s Answer

    Michigan does not have an Inheritance Tax. Each County Probate Court does charge an Inventory Fee on the gross assets of estates that are subject to Probate. The amount of the fee is a percentage of the gross assets, and is nominal.

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