Questions answered by Brian Michael Malloy

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Does a MI Probate Judge have the power to admit a will and place estate case in limbo, to give family time for discovery?

Brian's answer | Answered on August 20, 2012

The issue is mental capacity. If the judge feels that the decedent had the mental capacity to execute a will, then it will be admitted to probate....

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I need to get money from my inheritance, the estate isn't settled and lawyer is mia... can I sell some of my stock on my own?

Brian's answer | Answered on August 20, 2012

If the estate has not settled, then none of the assets have been distributed and none of the assets are yours yet. You cannot do anything. You...

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My aunt died on 7/13/12. She told her only adult daughter, she had updated herwill in 2011. How do we locate the lawyer?

Brian's answer | Answered on August 20, 2012

If there really is no will, everything goes to her daughter by virtue of intestate succession. Is there a a formal probate that has been opened? ...

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My Revocable Living Trust bank account was levied

Brian's answer | Answered on August 20, 2012

Arizona is a community property state. Even though she doesn't earn income, whatever income you earn during the marriage is 50/50 unless there is...

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Civil suit

Brian's answer | Answered on August 20, 2012

Probate Court is likely the proper venue, but yes, you may proceed in civil court.

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My mom passed and left cd for al her children but they were cashed by the excutor of will legal?

Brian's answer | Answered on August 20, 2012

Need more facts. It sounds as if they were liquidated to pay bills (creditors of the estate and costs of administration). You should receive a...

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My mother lived in CA and she died last month.

Brian's answer | Answered on August 20, 2012

Is this a probate proceeding? Or a trust administration? Either way, as your mother's daughter, you are entitled to a copy of her will/trust. ...

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Im confused

Brian's answer | Answered on August 20, 2012

Each child gets an equal share of dad's estate. The predeceased child's children will equally share his share of dad's estate.

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How can I receive my mother's insurance money when she has no will and my only other sibling is trying to exclude me?

Brian's answer | Answered on August 20, 2012

Indeed. Hire an attorney ASAP! The insurance company will likely want to know if there is a probate open on your mother's estate. Put the...

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How can I compel a Michigan Probate Judge to overturn a previous order admitting a holographic will?

Brian's answer | Answered on August 20, 2012

You would have to hire an attorney in the county in which the probate proceeding is, then file a petition to revoke the will being admitted into...

Brian Michael Malloy's Answers (113)

Does a MI Probate Judge have the power to admit a will and place estate case in limbo, to give family time for discovery?

I need to get money from my inheritance, the estate isn't settled and lawyer is mia... can I sell some of my stock on my own?

My aunt died on 7/13/12. She told her only adult daughter, she had updated herwill in 2011. How do we locate the lawyer?

My Revocable Living Trust bank account was levied

Civil suit

My mom passed and left cd for al her children but they were cashed by the excutor of will legal?

My mother lived in CA and she died last month.

Im confused

How can I receive my mother's insurance money when she has no will and my only other sibling is trying to exclude me?

How can I compel a Michigan Probate Judge to overturn a previous order admitting a holographic will?