Archived
Do I need to go to probate for my deceased sister if her assets are POD to me? She has no debt. No heirs.
James's answer
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Answered on November 17, 2014
It *sounds like* probate would not be needed. Probate is necessary to transfer title to any assets which were in your sister's name alone, unless...
Archived
If a brother or sister get p.o.a. can they make changes to bank accounts or cd's that have a different beneficiary
James's answer
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Answered on November 17, 2014
I agree with Mr. Lawrence. While changing beneficiaries would be improper, it would be relatively easy for the agent to legally achieve the same...
Archived
Can ownership of the house (in an estate) be transferred to the heir if there are past due property taxes owed on the home?
James's answer
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Answered on November 17, 2014
This is tricky for a number of reasons. Normally, the deed from the estate would be considered a warranty deed. The Register of Deeds will not...
Archived
Me husband of 38 years died in 2008 . An estate planning attorney that my husband and I both knew asked to be my attorney. I pa
James's answer
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Answered on November 16, 2014
I agree with Mr. Conway that you absolutely should speak with another lawyer, as soon as possible. The limited facts you have provided describe a...
Archived
MI: Bro is the PR on our Mother's Will. He will not honor the Will & divide the personal property in her home and outbuildings.
James's answer
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Answered on November 16, 2014
I agree with my colleagues. Much more information is needed. But it sounds like your brother is being advised by an attorney. That protects him,...
Archived
Personal representative of mother's estate (willed as equally split) is paying some beneficiaries and not others: what can I do?
James's answer
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Answered on November 16, 2014
While I agree with Mr. Carrier, there is more information needed to determine whether anything improper was done, here. Those persons who paid...
Archived
What would be best, Durable POA or guardianship for older brother who can't handle his affairs right now, due to illness?
James's answer
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Answered on November 16, 2014
I agree with my colleagues on the issue of capacity, which is absolutely key. In terms of what is best, a DPOA is almost always preferable to...
Trust no longer exists but is beneficiary of annuity
James's answer
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Answered on November 14, 2014
I believe this is part of a series of questions you have asked about this situation. If the trust no longer exists, you will need to open a probate...
Archived
Can't find living trust
James's answer
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Answered on November 14, 2014
If the house was deeded to the trust, you can get a copy of the deed from the County Register of Deeds office for a nominal amount. That deed...
Annuity beneficiary is a living trust
James's answer
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Answered on November 14, 2014
Your father's trust IS funded, with the annuity payments. The fact that it had no other assets is not a problem, under Michigan trust law. Finding...
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