How does title transfer for an inherited home when there is no will and multiple heirs in Michigan?
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation. Detailed Answer In Michigan, when someone dies without a will (intestate), state law determines who inherits their property. Transferring the title of an inherited home involves several steps to comply with […]
Read article →How to apply for a Medicaid hardship waiver to protect inherited property from estate recovery claims in Michigan
Detailed Answer 1. Overview of Michigan Medicaid Estate Recovery Under Michigan law, the Department of Health and Human Services (MDHHS) must recover Medicaid long-term care costs from a recipient’s estate after death (MCL 400.115c). This process can include a lien on real property passed to heirs. 2. Hardship Waiver Under Michigan Law Michigan allows an […]
Read article →Can I Appeal a Probate Court Decision Removing a Personal Representative in Michigan?
Detailed Answer In Michigan, a personal representative (also known as an executor or administrator) manages the estate of a deceased person. If the probate court finds cause—such as misconduct, neglect of duty, failure to post required bonds, or a conflict of interest—it may remove the personal representative under MCL 700.3703. Removal often follows petitions by […]
Read article →How do I determine who the intestate heirs are of my father’s estate in Michigan?
Detailed Answer When a person dies without a valid will, Michigan’s intestate succession laws determine who inherits their property. To identify your father’s heirs, follow these key steps: Locate the probate court file. Contact the probate court in the county where your father lived. Review the petition for appointment of personal representative and any preliminary […]
Read article →Does the personal representative have to provide me a copy of the accounting in a Michigan probate matter?
Michigan Probate Accounting: Your Right to a Copy Detailed Answer Under Michigan law, a personal representative (formerly known as an executor or administrator) must file formal accountings with the probate court and serve them on the estate’s interested persons. This requirement promotes transparency in estate administration and helps beneficiaries understand how assets are managed. Statutory […]
Read article →How to Determine What Assets Remain in an Estate After Debts and Fees in Michigan
Detailed Answer Under Michigan law, determining what assets remain in an estate (the “residuary estate”) after paying debts and fees requires several steps: Inventory and Appraisal: Within 91 days after appointment of a personal representative, you must file an inventory and appraisal of all estate assets according to MCL 700.3772. This list typically includes real […]
Read article →What options exist for a personal representative with limited funds for handling creditor claims in Michigan?
Detailed Answer When you act as a personal representative in Michigan with limited estate funds, you face unique challenges handling creditor claims. Michigan law provides several mechanisms to streamline the process, limit your liability, and ensure claims are addressed fairly. 1. Assess Eligibility for Summary Administration If the estate’s gross value (excluding real estate) does […]
Read article →How to Manage Estate Administration When Assets Are Located in Multiple Counties or Jurisdictions in Michigan
Disclaimer: This information is not legal advice. Detailed Answer Managing estate administration across multiple jurisdictions can seem complex. Under Michigan law, you generally open a single probate proceeding in the county where the decedent lived at death. This primary probate grants the personal representative authority to collect and distribute assets throughout Michigan. If the decedent […]
Read article →What documents are needed to complete a small estate affidavit for estate assets in Michigan?
Detailed Answer: Documents Needed for a Michigan Small Estate Affidavit Under Michigan law, a small estate affidavit lets eligible heirs collect certain assets without formal probate when the decedent’s personal property totals $25,000 or less (excluding certain vehicle and household goods exceptions). See Michigan Estates and Protected Individuals Code (EPIC) §700.3813: MCL 700.3813. To prepare […]
Read article →How to distribute estate assets to heirs using Michigan small estate affidavit process?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Michigan Small Estate Affidavit Overview In Michigan, heirs can avoid full probate by using a small estate affidavit under Michigan’s Estates and Protected Individuals Code (EPIC). If a decedent’s personal property […]
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