I am the sole surviving son to my late father. He left behind a small property. Do i need to hire a lawyer for probate?

Attorney answers (3)

1. Licensed in MI

   

   Glenn R. Matecun

   Howell Probate Attorney

   Contributor Level 12

   Answered July 19, 2010 19:06. There is a little more information needed to determine what you need to do. For example, did your father have a Will? Do you have siblings that predeceased you who have children (they may be entitled to inherit from your father)? What is the value of the property? How is it titled? There are a handful of other questions that need to be answered before you decide how to proceed. Although I have never done it, I belive you could handle an entire probate estate from California, sending documents back-and-forth with the court by mail. It would be helpful for your to talk with a probate attorney to determine your options before you proceed.
   
   Glenn R. Matecun
   Michigan Estate Planning Attorney | Michigan Probate Lawyer
   www.MichiganEstatePlans.com
   
   Toll Free: (888) 487-6150
   
   DISCLAIMER: This response is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. This response is intended only to provide general information. Attorneys cannot evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

   • Michigan Estate Planning Attorney | Michigan Wills and Living Trusts | Glenn R. Matecun, Attorney

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2. Licensed in MI

   

   James Frederick

   Livonia Probate Attorney

   Contributor Level 20

   Answered July 20, 2010 11:24. Hello~
   I agree with Attorney Matecun's response. More information is needed before being able to fully answer your questions. Since it sounds like you may be the only beneficiary, you would not need to worry about potential liability to other beneficiaries. Under that situation, you might try to handle it on your own. If there were other beneficiaries involved, I think I would hire an attorney to help you. It is not worth the potential liability, otherwise.
   
   I have a great deal of information on my website about what is involved in probating an estate. Please feel free to visit and/or to contact me if you have any additional questions.
   
   Best of luck to you!
   
   James Frederick

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3. Licensed in MI

   

   Constance Brigman

   Grand Rapids Probate Attorney

   Contributor Level 8

   Answered July 24, 2010 11:31. This is real estate. One small estate proceeding applies to real estate. MCL 700.3982 applies.
   
   Here is the public informational link to it. http://www.accesskent.com/CourtsAndLawEnforceme...
   
   And here is the link to the form you need to fill out and file in the county where the property is located.
   http://www.courts.michigan.gov/scao/courtforms/...
   
   You can do this without being at the probate court but you will need to do a few things at the Register of Deeds in the county where the property is located, too. You will record the death certificate there. You will have a deed prepared conveying the property to you and you will file a property transfer affidavit with the local property assessor, too. The property taxes will uncap to the current fair market value so the property taxes will go up. I assume that this property is vacant land so there is no homestead exemption on it that needs to be lifted now. (Remember that you cannot get a homestead exemption unless the owner occupies the property as their primary residence.) The order assigning the property to you will need to be recorded at the Register of Deeds as well.
   
   Notice that this is a proceeding to get property to next of kin without regard to probating a will. I am assuming that there is no surviving spouse and that you are the next of kin.
   
   If you were claiming the property because it was left to you in a will, then you could not do this simplified proceeding. So do not call the probate court and confuse them by talking about a will and you being the only beneficiary to it. They will assume that you are trying to get property through a will without probating it, and they will tell you that you cannot do this. Read the last sentence in the note on this website.
   http://www.accesskent.com/CourtsAndLawEnforceme...
   
   Good luck to you in California. I have a son serving in Iraq and he is pulling his hair out trying to take care of legal matters from afar, too. It is difficult. My advice is to do what you can without taking leave, but sometimes it is just plain easier to take leave. Clerks are more patient with your questions when you are across the counter from them and they can see you.

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