MINOR DEFENDANT

How to Serve a Minor Defendant--- Frequently, I receive telephone calls from personal injury attorneys seeking assistance on how to effectuate service of process upon defendants that have died or are incapacitated. In those circumstances, a probate estate may be needed to be commenced and a fiduciary appointed to establish jurisdiction over the defendant. Imagine [...]

BOND

In most adult conservatorship estates and in many deceased probate estates, the court will impose a probate bond requirement. No, this is not the 007 type of bond.  Rather, a bond is a guarantee of payment if another party fails to perform a certain obligation. The following are examples of situations in which the court [...]

UNDUE INFLUENCE

One of the defenses to the admission of a Will is the theory of undue influence.  Prevailing on the theory of undue influence can invalidate the admission of the Will. In Michigan, to prove undue influence, a person must show that the person that signed the Will (the testator) was subjected to “threats, misrepresentation, undue [...]

PERSONAL INJURY PROTECTION

A new trend among Personal Injury Protection (PIP) insurance companies is to intervene in probate proceedings.  The goal is to force the attendant care provider to battle the insurance carrier in two courts, circuit and probate.  This is an unfortunate new tactic.  It causes additional expense and time to a family that already may have [...]

FIRST AND TEN

  I am a football fan. I enjoy the strategy. I enjoy the athleticism. There are some flaws with the game, specifically the subjectivity of the refereeing. Many have been resolved recently with the implementation of reviews of disputed calls with instant replays. However, there is one flaw that has yet to be addressed and [...]

EX-WIFE DEFEATS MOTHER

EX-WIFE DEFEATS MOTHER AS PERSONAL REPRESENTATIVE My office was referred by a prominent personal injury firm to gain control of a wrongful death auto accident.  My client, the ex-wife of the decedent and mother of the decedent’s only child, had a strained relationship with her ex-husband.  She sought to become the personal representative of the [...]

How to Contest a Will in Michigan

When a beloved family member has passed away and the will has been read, there may be objections from the surviving family members who want to contest the will.  Those who want to know how to contest a will in Michigan look to a probate or trust attorney, who is specially trained in these complicated [...]

Michigan Probate Litigation

Michigan probate litigation is one of the most complicated facets of estate planning and family law.  The attorneys at The Probate Pro PLC provide probate litigation services across the state of Michigan for a wide variety of situations. We are able to help people who are involved in legal disputes over issues such as power [...]

MICHIGAN WRONGFUL DEATH CLAIMANT

WRONGFUL DEATH CLAIMANT   MCL 600.2922 governs who is entitled to file a claim for wrongful death proceeds in Michigan: decedent’s spouse children and grandchildren; parents; grandparents; brothers and sisters children of the deceased’s spouse (step-children); and devisees under a will and beneficiaries of a living trust. If you are a wrongful death claimant in a [...]

LAWYER IMPROPERLY CHARGES PROBATE ESTATE

LAWYER IMPROPERLY CHARGES PROBATE ESTATE   A local attorney entered into an attorney client relationship to conclude the probate of an estate without executing an attorney fee contract with the client.  The only work the attorney performed was to simply file a closing statement for the previously opened estate.  The attorney closed the estate without [...]