HOW TO FULLY DISINHERIT YOUR CHILD

Disinherit Your Child Before you read this article in full, ask yourself this question: Is an adult child specifically disinherited in a Will able to claim anything from the estate? In re Estate of Jajuga Recently, the Michigan Court of Appeals addressed this issue in the case In re Estate of Jajuga, as an issue [...]

TITLE

You are purchasing a home. Overwhelmed with the confusing paperwork, the title agent poses the important question, “How do you want to hold title to the property?” In the context of your overall home purchase, the manner in which you hold title may seem like a small, inconsequential detail; however nothing could be further from the truth. A [...]

MICHIGAN NO FAULT ACT

The Michigan courts have consistently ruled that expenses associated with both guardianship and conservatorship can be allowable expenses under the Michigan No Fault Act. “The no-fault insurance act is remedial in nature and must be liberally construed in favor of persons intended to benefit thereby.” Maloney ex rel Gauntless v. Auto Owners Ins., 242 Mich. [...]

PIP INSURERS

In the past four years, The Probate Pro has seen an influx of personal injury protection -- PIP insurers meddling their way into the probate court.  Generally under the guise of “protecting the best interest of the ward,” PIP insurance companies are often appearing and objecting to petitions for guardianship, conservatorship, and Annual Accounts.  Most [...]

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 [...]

GUARDIAN OR CONSERVATOR

A conservator is a person appointed by the probate court to manage the assets of another person.  A guardian is a person appointed by the probate court to protect the legal rights of another person.  The best way to remember the difference between a guardian or conservator is to look at the beginning of each word.  Guardian- to guard [...]

GUARDIAN AND CONSERVATOR

People often have difficulty understanding the difference between a guardian and conservator.  A conservator is a person appointed by the probate court to manage the assets of another person.  A guardian is a person appointed by the probate court to protect the legal rights of another person. A guardian is a person appointed by a probate court and given [...]

PROBATE?

People often call and ask whether there is a need to open a probate estate of a loved one.  There is so much confusion about this issue. In fact, many people that come to my office incorrectly believe that if a person dies without a Will, then there is no need for probate.  The necessity for [...]

Conservator and PIP

 Conservator and PIP cases This month, the Michigan Court of Appeals addressed again whether a conservator can properly charge the Personal Injury Protection (PIP) carrier for expenses associated with the conservator estate necessitated from an automobile accident.  In the matter titled In re Estate of Edward Carroll, a protected person, the appellate court further clarified [...]

WHAT IS PROBATE AND WHAT IS PROBATION?

WHAT IS PROBATE AND WHAT IS PROBATION? People are often confused about the difference between Probate (as in Wills) and Probation (as in being release from jail with conditions).  Each day, people mistakenly call the Probate Court when in fact they mean to be calling their Probation officer.  I can understand people’s confusion. They sound [...]