Legal Reference Blog by Renee C. Walsh, Esq.

20. March 2008: 1972 Will Leaves Out Children and Gives All to Ex-Wife's Mother

Question:

My father passed away recently. His will was from 1972. It leaves out four children from a previous marriage. It also leaves everything to his mother-in-law at the time, however, he divorced the woman to whom he was married at the time of the execution of the will. My sister and I were born after the will was made. What happens in this scenario? ...More

12. March 2008: What happens to my estate if I die without a will?

This is a common question. If you die without a will, your estate will be probated according to your state's laws of intestate succession. In Michigan, these laws are codified at ...More

20. February 2008: Trustee's Duty To Report - Court Oversight In Trust Administration

Question:

I am a beneficiary of my mother's estate which is being administered in Michigan. I would like to know if there is a law stipulating a time frame in which the personal representative, who is also the trustee must report to the other beneficiaries or heirs. ...More

19. February 2008: Should Decedent's Spouse Allow Voluntary Repossession Of Personal Property

My husband purchased a vehicle with financing and title in his name only. He has since passed away. The finance company told me that if I gave the vehicle back to them, it would be considered a voluntary repossession. I do not want the vehicle. What is my role in all this? ...More

18. February 2008: What is my recourse if debtor dies and I am owed money?

My father-in-law passed away, leaving a son and daughter. What needs to be done to take care of her home and mortgage? The father's brother seems to be acting as executor, while I am paying mortgage payments, utilities, taxes. ...More

11. January 2008: Medicaid Recovery Program and Estate Planning

In September 2007 the Michigan Legislature passed into law the Medicaid Estate Recovery law found at MCL 400.112g and MCL 700.3805. Recovery will not begin until the Federal government approves of the law. If approved, it could have a direct effect on Michigan seniors and their families without proper estate planning. ...More

20. December 2007: Accountability of Personal Representative / Executor

Persons to whom money or property are transferred via a will / trust often wonder how to hold the executor accountable. Sometimes it may be the case that a relative, who is the executor of a deceased family member's will / trust, withholds or delays distribution of money or property. The executor may also fail to reply to inquiries or provide written documentation as to the status of the estate. The beneficiaries may lose confidence in the executor and wonder what can be done.

In Michigan, according to ...More

17. November 2007: Voluntary Admission to Behavioral Unit a.k.a Psychiatric Ward

A woman in her 60s presents herself to an attorney advising that her daughter and her family want to put her away in a mental institution and take her assets. She tells the attorney that she is sane and ...More

18. July 2007: Anti-Lapse Statutes

Most states have anti-lapse statutes. Black's Law Dictionary Sixth Edition defines 'anti-lapse statute' as legislation enacted in most jurisdictions to provide for the testamentary passing of property to heirs and next of kin of the designated legatee or devisee if he dies before the testator, thus preventing ...More

10. July 2007: "Registration" of Wills

A will does not have to be "registered" for it to be valid. Filing it with the probate court in the county where the testator resides is for safeguarding purposes only. It is a good idea to ascertain whether there are wills that have been previously "registered" / filed, which should ideally be ...More