What is the process and timeline for applying to become the personal representative of an estate in MI?
Disclaimer: This article is for educational purposes and does not constitute legal advice. What Is a Personal Representative? Under Michigan law, a personal representative (also called an executor or administrator) manages and distributes a deceased person’s assets through probate. The personal representative pays debts, notifies heirs, and closes the estate following the Michigan Estates and […]
Read article →How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in Michigan?
Detailed Answer When a minor inherits property or has an interest in an estate in Michigan, the Probate Court must appoint an adult to manage the minor’s financial interests. This appointment can take two forms: a guardian of the estate or a guardian ad litem. 1. Guardian of the Estate A guardian of the estate […]
Read article →What Steps Protect a Minor’s Inheritance When the Decedent Did Not Leave a Will? – MI
Detailed Answer In Michigan, when a person dies without a will (intestate), the Estates and Protected Individuals Code (EPIC) sets rules for distributing assets. Under MCL 700.2103, if the decedent is a parent, the minor child inherits the entire estate. Since a minor cannot directly manage assets, Michigan law requires the probate court where the […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Michigan?
Disclaimer: This article provides general legal information under Michigan law and does not constitute legal advice. Detailed Answer In Michigan, probate courts use multiple checks to ensure administrators honor estate duties and bond requirements. These mechanisms protect beneficiaries, creditors, and the integrity of the estate. 1. Bond Requirement (MCL 700.3801) Under Michigan Compiled Laws § […]
Read article →How to handle medical liens or outstanding bills when negotiating a settlement in Michigan
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Identify All Medical Providers and Liens Begin by collecting statements from every medical provider involved in your care. Hospitals, physicians, physical therapists and imaging centers may each assert […]
Read article →Can a Michigan Personal Representative Seek a Commission on Estate Assets and Sale Proceeds?
Detailed Answer Under Michigan law, a personal representative may receive commissions for services performed in administering an estate. Michigan’s Estates and Protected Individuals Code (EPIC) sets standard commission rates in MCL 700.3914. These "statutory commissions" apply to the gross value of probate estate assets and to the proceeds from their sale. Standard Rates: MCL 700.3914 […]
Read article →What Steps Are Required to Locate, Inventory, and Distribute Estate Assets and Settle Debts in Michigan?
Detailed Answer Under Michigan law, estate administration requires locating all assets, inventorying them, notifying and settling debts, and distributing the remaining property to beneficiaries. These tasks fall under the authority and duties of the personal representative as defined by the Michigan Estates and Protected Individuals Code (EPIC). 1. File Probate Petition and Appoint a Personal […]
Read article →How Do Intestacy Rules Apply if No Valid Will Is Found in Michigan?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer If you die without a valid will in Michigan, your estate passes through the intestate succession rules found in the Michigan Estates and Protected Individuals Code (EPIC). Under MCL 700.2101, a decedent who did not leave a valid will […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Michigan?
Detailed Answer Probate and Estate Administration In Michigan, the probate court in the county where the decedent resided at death handles estate administration. These courts open estates, admit wills to probate, appoint personal representatives, and supervise asset distribution. To find your county probate court, visit the Michigan Courts Probate Court Directory: https://courts.michigan.gov/…/Probate_Court_Directory.pdf. The Estates and […]
Read article →What Steps Are Required to Open an Estate Proceeding in Michigan When No Probate Case Exists?
Disclaimer: This article provides general information about Michigan probate law and does not constitute legal advice. Detailed Answer When someone dies without an existing probate case in Michigan, interested persons must initiate a new estate proceeding in the circuit court of the county where the decedent resided. Below are the primary steps: Determine the Type […]
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