James P. Frederick’s Answers

James P. Frederick

Livonia Probate Attorney.

Contributor Level 20
  1. Father died,,,sister inherits house we both live in,sister has no income to pay gas,elec taxes etc. she refuses to add me to

    Answered over 1 year ago.

    1. James P. Frederick
    2. Steven J. Fromm
    3. Matthew Erik Johnson
    3 lawyer answers

    I would check around. If your sister is willing to add you to the title, it could cost well less than $500. I normally charge $200 for this, in Michigan. The problem is...you cannot force your sister to do this. She is free to let the house be foreclosed if she wishes. That is your biggest problem. James Frederick

    22 lawyers agreed with this answer

  2. If my parents give me verbal power of attorney can I legally sign for them? Or does it have to be written?

    Answered almost 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Rixon Charles Rafter III
    3. Raphael Samuel Moore
    4. James P. Frederick
    5. Jugjit Singh Johal
    5 lawyer answers

    It must be in writing. Ideally, it should be prepared by an attorney to make sure it will be honored. You sign your name, as agent for them. James Frederick

    22 lawyers agreed with this answer

  3. Is a non compete enforceable in Michigan?

    Answered over 2 years ago.

    1. James P. Frederick
    2. Benjamin I. Hirsch
    3. Erika McNamara
    3 lawyer answers

    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...

    18 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Do I need a litigation lawyer?

    Answered about 2 years ago.

    1. James P. Frederick
    2. Matthew Aaron Wiley
    3. David S Hoffman
    3 lawyer answers

    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...

    20 lawyers agreed with this answer

  5. Who can take ownership of a vehicle upon death?

    Answered over 2 years ago.

    1. James P. Frederick
    2. Robert M. Alonzi
    3. Peter L. Conway
    3 lawyer answers

    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

    17 lawyers agreed with this answer

  6. My dad made a will and it could be forged. Also, he made it so I am not supposed to inherit anything

    Answered over 1 year ago.

    1. E. Alexandra Golden
    2. James P. Frederick
    3. Emma A. Kremer
    4. Henry Lebensbaum
    4 lawyer answers

    No one on this site can really answer your question. You need to meet with an attorney face to face, review all of the facts and evidence that you have, and determine how best to proceed. I hate to be blunt about this, but children do not "deserve" anything. You are not entitled to an inheritance. Under the circumstances, it sounds very plausible that your father may have intentionally excluded you. Since your dad "never helped you" and was "never there for you," I am not sure why you would...

    16 lawyers agreed with this answer

  7. My father was left money in a will and is suppose to split with his kids does he split this or does someone else?

    Answered 9 months ago.

    1. James P. Frederick
    2. Julie Aletta Paquette
    3. Mohamed A. Eldessouky
    4. James Bunkey Swain
    5. David B. Carter Jr.
    5 lawyer answers

    The answer depends on the terms of the Will. If the Will provides directly for a distribution, this would be done by the personal representative of the estate. I think your best bet is to have your father review the documents with an attorney to determine how to proceed. James Frederick

    14 lawyers agreed with this answer

  8. Trust and pour over will being notorized.

    Answered over 2 years ago.

    1. James P. Frederick
    2. Donald B. Lawrence Jr.
    3. Peter L. Conway
    3 lawyer answers

    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....

    14 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. James P. Frederick
    2. Jaynie Smith Hoerauf
    2 lawyer answers

    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

    14 lawyers agreed with this answer

  10. If theres a will, will the property and assets go through probate for example house,stocks,bank accounts.and etc.

    Answered over 1 year ago.

    1. Paul A. Smolinski
    2. James P. Frederick
    3. Henry Repay
    3 lawyer answers

    You cannot avoid probate with a Will. The only time a Will is ever effective is when it is admitted to probate. If there are assets titled in a decedent's name at the time of death, probate will be necessary. If assets are jointly held, (which is generally not a good idea), have beneficiaries designated, (a much better idea), or are held by a trust (also a good idea), then probate will not be necessary. Everything else being equal, avoiding probate makes a lot of sense, in most cases....

    15 lawyers agreed with this answer