James P. Frederick's Answers

Do I need a litigation lawyer?

You absolutely need a probate litigation lawyer, and the sooner you see one, the better. Take all of the paperwork you have. I would also see if you can check online records and determine the title to the assets. One of the issues will be trying to "lock down" the assets until you can figure out who is supposed to get what. You have a number of issues that need to be sorted out, including California's community property laws, whether or not the Will is valid, what assets are part of the...

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Is a non compete enforceable in Michigan?

There are a number of different issues in your situation. First, no attorney can tell you what your rights and obligations are under the terms of your contract without first examining your contract. There may be provisions which define the market (likely), set forth damages, and contain other important considerations. Having said that, I would question whether or not you are dealing with the same customers in Bay City and Detroit. If you are, then it seems likely that the contract...

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Trust and pour over will being notorized.

It is not necessary for a Will to be notarized in Michigan, whether it is a "pour-over" Will or not. A Will that *is* notarized, could be a "self-proving" Will, which provides a presumption that the document was properly executed. But notarization is not required for a Will to be valid. A Trust needs to be notarized. And yes, the Michigan Estates and Protected Individuals Code, (EPIC),and the Michigan Trust Code list the requirements for proper execution of Wills and Trusts in Michigan....

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Who can take ownership of a vehicle upon death?

Under Michigan law, as long as the vehicle is worth less than $60,000, probate is not necessary. You can complete a certificate at the Secretary of State and the vehicle would be re-titled in your name and your sister's. The girlfriend would have no interest in the vehicle, although you could certainly sell it to her, if you wish to. James Frederick

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Family friend died without a will or no known living heirs. Only asset is a car, how to handle ownership?

I would try to use the small estate affidavit and indicate that you are a creditor. This is also an instance where the dealer really should assist you, since they had you pay for it, under false pretenses. You can find the small estate affidavit here: http://courts.michigan.gov/scao/courtforms/probate/gpindex.htm (It is the top form). James Frederick

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Explain WHY a person can have a car, a house, and $2000 and qualify for Medicaid but a person with no assets and $10000 doesn't?

I think that the asker is frustrated that people with so much more than his or her mom are able to qualify when she cannot. It is because the law was set up so that it did not force people to sell the house and car. More an more often, when benefits are received, however, the house and car are eventually used to recover money for the State, when the nursing home patient dies. It is a very complicated area of the law, and in years past, there were many abuses. There was even an attempt during...

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Probate

You do not have enough information to determine how to proceed. It is possible that you may not be able to get the information you need, without re-opening the estate. Since that is expensive and may lead you to nothing, I would suggest that you try the following, first: 1) Obtain a copy of the Will, from the Probate Court. When there is a Trust, there is usually a pour-over Will, transferring any probate assets to the Will. 2) Find out whether or not an Inventory was filed. This will...

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If a man dies leaving behind a wife and 6 kids, those 7 people are his heirs regardless of who is Executor of his estate, right?

The heirs are the heirs, no matter who is the executor. Just to be clear, the "heirs" are the people who would inherit an estate, in the absence of a Will. The devisees (or beneficiaries) under a Will can be the same people that would otherwise be heirs, but they do not need to be. If someone dies with a spouse, and all of the assets are jointly held with the spouse, then there are no heirs, there would be no need for an estate, and there would be no need for an executor, (which is called a...

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Guardianship.

It sounds to me like the probate process for guardianship has already begun and a guardianship hearing is scheduled. If you do not show up, then it is very likely the court will appoint your father and you will be placed in his care. If you DO show up and participate in the process, then you will have a chance to speak your mind and let the court know the progress that you have made. There is no guarantee that the judge will not still appoint your father. If you do not cooperate and let the...

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My sister is the executor of my parents will: my dads alive and she wants to have a draft so she can get the estate money: why?

It is not clear what is going on. Does your sister have Power of Attorney for your father? If so, she should be able to access all his funds, in order to take care of him and his needs. If she does not have Power of Attorney, and if your father is incompetent, then she will need to go to the probate court to become his guardian and conservator. The Will is irrelevant, during your father's lifetime. It ONLY has effect upon his death. There is no "estate money" until your father dies. I...

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