How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Michigan
Disclaimer: This article is for educational purposes and is not legal advice. Detailed Answer When a business owner dies, the decedent’s estate personal representative (executor or administrator) typically has the authority to gather corporate records and governance documents. Under Michigan law, corporations must file specific formation documents with the Department of Licensing and Regulatory Affairs […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling estate assets in Michigan?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice regarding your specific situation. Detailed Answer Under Michigan’s Estates and Protected Individuals Code (EPIC), you may petition the probate court to remove a personal representative who mishandles estate assets. The main statutes are: MCL 700.3953 […]
Read article →How Can an Interested Party Open Probate for a Decedent’s Estate in Michigan?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney. Detailed Answer Under Michigan law, probate is the court-supervised process to settle a decedent’s affairs. An interested party—often a surviving spouse, adult child, or beneficiary—may initiate probate to appoint a personal […]
Read article →What Information and Duties Must a Personal Representative Provide to Heirs in Michigan?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation. Detailed Answer Under Michigan law, a personal representative (formerly called an executor) must keep heirs and other interested persons informed and carry out various duties. Key obligations include: 1. Notice of Appointment Within […]
Read article →What Steps Are Required to File Probate Court Documents and Publish Creditor Notices in Michigan?
How to File Probate Court Documents and Publish Creditor Notices in Michigan Disclaimer: This article provides general information about Michigan probate procedures. It does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer 1. File the Petition for Probate You begin by filing a petition for informal probate […]
Read article →How to determine if a transferred vehicle must be treated as estate property after a decedent’s death in Michigan (MI)?
Detailed Answer Understanding how Michigan law treats vehicle ownership after the owner’s death can save time and avoid disputes. Every motor vehicle titled solely in a decedent’s name is presumptively part of the probate estate unless it passes by a nonprobate mechanism recognized under Michigan law. Probate vs. Nonprobate Transfers Under Michigan’s Estates and Protected […]
Read article →How to Determine the Proper Venue for Opening or Transferring a Decedent’s Estate in Michigan
Detailed Answer When someone dies in Michigan, you must file the estate case in the correct county probate court. Michigan’s Estates and Protected Individuals Code (EPIC) sets the rules. Under MCL 700.1301, you generally open or transfer a decedent’s estate in the county where the decedent was domiciled at death. “Domicile” means the home the […]
Read article →Should an Executor Confirm Available Estate Funds Before Settling a Creditor Claim in Michigan?
Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Michigan law, an executor (known as a personal representative) has a fiduciary duty to manage the decedent’s assets carefully. Before settling any creditor claim, the personal representative must confirm that the […]
Read article →What steps should be taken to negotiate and settle a creditor claim during probate in Michigan?
Detailed Answer When a decedent’s personal representative administers an estate in Michigan, creditors must file claims against the estate. Negotiating and settling these claims helps conclude probate efficiently. Below are key steps under Michigan law: Review Creditor Notice and File a Claim. Under MCL 700.3405, the personal representative must publish or mail notice to creditors. […]
Read article →What Documentation Should an Executor Gather to Respond to a Creditor’s Settlement Demand in Michigan?
Detailed Answer When a creditor submits a settlement demand against a Michigan estate, the executor must compile comprehensive documentation to verify assets, assess liabilities, and respond accurately. Michigan law under the Estates and Protected Individuals Code (EPIC) governs creditor claims. See MCL 700.3702 (deadline to present claims) and MCL 700.3704 (notice and publication requirements). Key […]
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