James C. Higgs’s Answers

James C. Higgs

Mount Pleasant Estate Planning Attorney.

Contributor Level 12
  1. I was a caregiver and power attorney for someone. She died from overdose toxic posion from her medication. The dr was aware she

    Answered over 1 year ago.

    1. James C. Higgs
    2. Robert Max Klein
    3. James P. Frederick
    4. Kenneth Lee LaBore
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    An estate would have to be open and the personal representative would file the suit.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My friend and I got into a fight in her house in which I attacked her and she attacked me back. We were both drunk.

    Answered over 1 year ago.

    1. Edward Jacob Sternisha
    2. James C. Higgs
    3. Ian Thomas Valkenet
    4. Shawn James Haff
    4 lawyer answers

    There are way too many factors here to know whether you will get charged and to give specific information about what will happen in court if you are. The prosecutors in Michigan have the discretion to charge based solely on the police report, but that is unlikely without the written statement of the victim or corroborating witnesses. If you are charged at some time, there is also discretion on whether to issue an immediate warrant for your arrest or simply call to request your appearance....

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Why do some homeowners sign there home over to another person for a dollar

    Answered over 1 year ago.

    1. Scott D Rosenberg
    2. E. Alexandra Golden
    3. Joseph Franklin Pippen Jr.
    4. James C. Higgs
    5. James P. Frederick
    6. ···
    7 lawyer answers

    There is a misconception that it is a good way to avoid probate and get medicaid qualified. In general it is a bad idea, causing capital gains tax problems and medicaid penalties. Consult an estate planning attorney first.

    9 lawyers agreed with this answer

  4. A cousin recently passed leaving his estate intestate. In Michigan what is the sequence of heirs in this situation?

    Answered over 1 year ago.

    1. James C. Higgs
    2. Peter L. Conway
    3. Alex Salmu
    3 lawyer answers

    The nieces and children of the nephew would get everything. It goes to his parents, then down to brothers and sisters. Then to nieces amd nephews, after which it is divided in equal shares with one share divided among survivors of deceased nephew. Cousins are out.

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  5. My wifes uncle passed away and my wife was listed as a beneficary.

    Answered over 1 year ago.

    1. James P. Frederick
    2. John F. Brennan
    3. James C. Higgs
    3 lawyer answers

    I agree with the other attorneys. I just wanted to state that you should not be intimidated to talk with the other attorney. He will not bite. If he will not talk, get an attorney to write a letter for you to get answers. These things can be kept very cordial, and relatively simple.

    6 lawyers agreed with this answer

  6. My husband grand father died and he has property still in his name. how can we change it?

    Answered over 1 year ago.

    1. Dana P. Shaffner
    2. Glen Edward Ashman
    3. James C. Higgs
    4. James P. Frederick
    5. Tanner Woods Pittman
    5 lawyer answers

    Get a copy of the will and take it to a recommended probate lawyer practicing in your county.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. My elderly mother (91) wants to keep her house till after she dies . Her power of attorney wants to sell it now.

    Answered over 1 year ago.

    1. James C. Higgs
    2. Robert Daniel Kelly
    3. Lawrence A Friedman
    4. Mary Catherine Bonner
    5. Laurence I Levinson
    6. ···
    6 lawyer answers

    I agree with the other attorney. All of the assets need to be considerd and weighed. If the elderly individual is competent, she can revoke the POA and appoint someone else to stop the house from being sold. There are many good reasons not to sell the house, and very few reasons to sell it. See an attorney ang get the documents in order.

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  8. My husband died in march 2012. His son was named exector of the estateWe are suppose to close out the estate this week

    Answered over 1 year ago.

    1. James C. Higgs
    2. Thomas Anthony Schaeffer
    3. John Michael Kington II
    4. Edwin Arnold Anderson
    4 lawyer answers

    This is a good time for you to consult an attorney about the whole estate planning and probate process. A simple trust and a few additional documents could make your son's transition easier when you pass away. Just call around to estate planning attorneys for a few free consultations, and ask them personal questions and find someone you like to help you out that sets reasonable prices. In MI, full estate plans with trusts can range from around $1000 to over $4000 depending on the complexity...

    7 lawyers agreed with this answer

  9. How do I get out of a non-compete agreement with a car dealership in Michigan?

    Answered over 1 year ago.

    1. James C. Higgs
    2. Russell D. Brown
    3. Jason Matthew Shinn
    4. Lindsay James
    4 lawyer answers

    The terms of the non-compete must be reasonable in scope and duration and be intended to protect specific knowledge or insight you gleaned from working for them. This on its face seems unreasonable, but I would need to see the contract itself. You can compete and then defend if they sue.

    5 lawyers agreed with this answer

  10. My mom has a reverse mortgage on her home for more than the home is worth in michigan will probate take long she has nothing

    Answered over 1 year ago.

    1. James C. Higgs
    2. Benjamin Thomas Vader
    3. James P. Frederick
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    There are statutory requirements including notifying known creditors probate is open as well as publishing notice and waiting the statutory 120 days. All creditors that make claims must be dealt with in 63 day intervals and may sue and take longer when or if denied. It is a long process. Assets or no there are a lot of hoops. You should consult a probate attorney that understands foreclosure procedures as well.

    5 lawyers agreed with this answer