Probably not if there were no assets. If he had a last will and testament it will have to be delivered to the probate court. If he had under roughly $20,000 in assets a small estate affidavit procedure would be available.
Yes, assets can be protected for the spouse not living in the nursing home (community spouse). Through the use of trusts, the community spouse can protect anything over the protected amount. I'd recommend you speak with an elder law attorney sooner rather than later to minimize the lost of assets to the nursing home.
Most likely the conservatorship will control. You may want to consult an attorney and bring up these issues in court-- the may appoint a court appointed guardian ad litem to advocate on behalf of you sister.
From the sounds of it, the children need a stable environment, and you may have a chance go get guardianship of your grandchildren. The key in court will be to establish the stability of the environment you can provide.
Quite a few issues going on here, title on the deed would control unless a court rules otherwise for some reason. I would hire an attorney if the value of the estate is worth it and get involved in the probate estate.
A probate estate in Michigan typically only needs to remain open for a period of 5 months at minimum. After that it is just a matter of the personal representative being able to inventory, account, and then distribute the property after creditors have been paid off.
As a general rule, assets can pass through joint ownership, beneficiary designation, trust or probate when someone passes away. If an asset is held joint owners with right of survivorship, then when one owner passes away, the asset remains with the survivor. This process would avoid probate. However, if both joint owners pass, the asset may end up in probate. In your case, you may want a trust, a new deed, or even a lady bird deed.
Yes. For example, when you create a living trust, you serve all three major roles of trustmaker, trustee, and beneficiary. Then, if you were to pass, the role of trustee would pass to the successor trustee you have named. The trustee would manage the assets for the benefit of the beneficiaries.