Marlaine C. Teahan’s Answers

Marlaine C. Teahan

Lansing Trusts Attorney.

Contributor Level 3
  1. Can my sister who is a consevator keep the house that my parents own? one is deceassed and one is incomptent by the state.

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Marlaine C. Teahan
    3. James P. Frederick
    4. Julie Aletta Paquette
    5. John F. Brennan
    5 lawyer answers

    As a conservator, your sister is a fiduciary and is required to act in the best interest of the ward (your Mom), and not in her own best interests. Don't worry, your sister cannot change your mother's will; however, that doesn't mean that she may not try to improperly influence your Mom in changing her Will or other governing instruments (such as deeds and beneficiary designations). There probably are many other factors at play here that will impact what you can do to protect your mother and...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How can i put my name on my deceased mother property in Detroit Michigan? After my brother has abandon me and the property & tax

    Answered over 1 year ago.

    1. James P. Frederick
    2. Peter L. Conway
    3. Marlaine C. Teahan
    4. James C. Higgs
    4 lawyer answers

    It sounds as if the Court appointed you as the Personal Representative (what Michigan calls the executor). If you are ready to close the estate and make distributions, you can prepare a proposed distribution schedule that states how the probate assets will be divided. This must be sent to your brother (and any other interested person). If your brother does not object within 28 days, he is deemed to have consented to the proposed distribution schedule. This is a technical rule and I suggest...

    2 lawyers agreed with this answer

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  3. Do we really need a ASPCA form if there was a living trust ?

    Answered over 1 year ago.

    1. Julie Aletta Paquette
    2. Scott Matthew Nichol
    3. Benjamin Thomas Vader
    4. Marlaine C. Teahan
    4 lawyer answers

    If, as it seems from your stated facts, that the account was more than $21,000 (the cost of living adjusted amount for a small probate for someone dying in 2013) and if there was no joint owner, no pay on death or transfer on death beneficiary, and if the account was not owned by your father-in-law's trustee, then a probate would be in order. What I mean is that the probate code's various procedures for small estates may not work in this situation and what I usually call a "full-blown probate"...

    1 lawyer agreed with this answer

  4. Is a wife entitled to her husbands belongings and assets when he dies?

    Answered over 1 year ago.

    1. Peter L. Conway
    2. Julie Aletta Paquette
    3. Marlaine C. Teahan
    3 lawyer answers

    Assuming your mother is legally determined to be the surviving spouse of her husband, she has many rights under the probate code. Under some circumstances, a surviving spouse, by definition, may be determined by a court to not be entitled to all rights typically given to a surviving spouse. Given that, the specific facts would have to be carefully evaluated to see if your mother fit within the statutory definition of a "surviving spouse". Generally speaking....Rights of a surviving spouse...

    1 lawyer agreed with this answer