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Michael J. Willis

Michael Willis’s Answers

4 total

  • Could there be a valid reason why an estate attorney would not file a will with county probate court, in Michigan?

    Deceased mother's estate attorney now represents my sibling, as trustee of her formerly revocable trust. All of mother's children are to share equally of the trust, and as devisees. They say it is unnecessary to file her will. This seems suspiciou...

    Michael’s Answer

    It appears there are no assets subject to a probate proceeding. This though would not obviate the requirement to file the Will as indicated in an earlier post. That said, the filing is a ministerial act and doesn't initiate any proceedings.

    It is possible you should have seen the Trust sooner than you did, based on Michigan's notice laws. It would be suitable for you to retain counsel to pay close attention to this administration.

    Please note that this is not legal advice, as we do not have an attorney-client relationship.

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  • In Wayne County , MI Probate Court, can I change from formal to informal petition/application?

    My widowed mom died testate, stating in will that I should serve as pers rep, act independently, & without bond. I took will & death certif to Probate counter, said I was there to get letter of authority & settle my mom's estate. The only heirs ...

    Michael’s Answer

    Unless this matter is supervised, once appointed there is little difference between a "formal proceeding" and an "informal appointment" (i.e. the requirements are the same). I recommend you chat with competent counsel to determine the necessity of any action.

    This "Answer" is not legal advice.

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  • Re: father was incapacitated, I obtained POA and guardianship, he passed, & his assets only enough to pay last nrsng home bill?

    I'm expecting checks totaling less than $1,000 reimbursement from health care bills I paid with his account that now will be covered by Medicaid (retroactively). He has just about $200 in the bank. These combined will just about cover his last nu...

    Michael’s Answer

    I am sorry to hear of your loss. You likely should file a Petition and Order for Assignment with the probate court to take title to these assets. There are rules that may forbid a creditor from being paid in a case like this and you should seek competent counsel to review this matter.

    This "Answer" could not be and is not legal advice.

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  • My Dad placed his home,bank accts, investments& executor in my 1 sisters' name. Does that negate the Will to all 3 girls?

    My father had placed his home, bank accounts, and all investments (IRA & annuities) in my sisters name, who also happens to be the executor. He has a Will that splits everything between us three girls. His thought proccess of putting my sister on ...

    Michael’s Answer

    Your father should meet with counsel that can clearly articulate the problems with this type of planning. The Will might not have any legal effect depending on your father's intent, but when dealing with intent then we are likely looking at a court proceeding to determine rightful beneficiaries. If his intention is to avoid probate he might consider a revocable trust as a way of ensuring a probate estate is not commenced on his death and his assets are properly distributed amongst all three of his daughters.

    This "Answer" cannot be considered and is not legal advice. A proper review of the facts and circumstances of this case by a lawyer are warranted before legal advice should be dipensed.

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