WRONGFUL DEATH CREDITORS

Michigan’s Wrongful Death Act (MCL §600.2922) limits most creditors from claiming any of the wrongful death proceeds and limits the personal representative’s right to distribute only to a defined class of creditors. These creditors are limited to reasonable medical, hospital, funeral, and burial expenses of the decedent for which the estate is responsible. The proceeds [...]

WRONGFUL DEATH CREDITOR

After opening a probate estate, a Personal Representative has a duty to provide legal notice to any creditors of the decedent.  Creditors of the estate may include unsecured debt and secured debt. Often in Wrongful Death actions, creditors (including those attempting to perfect court ordered case evaluation sanctions as a wrongful death creditor), will file a [...]

STRUCTURED SETTLEMENT

A structured settlement provides a secure, tax-free, and management free investment that is often a sensible tool for a minor that will receive money from a settlement of a lawsuit.  There is much confusion about how a structured settlement works.  Specifically, there is uncertainty about when to use a structured settlement when settling a case [...]

PROBATE COURT

The probate court is a fascinating place to work.  Each case filed in the probate court tells a unique story of that person's life, assets, debts, and family relations. As the leading probate administration firm in Michigan, The Probate Pro feels tremendous respect for the families that it has the privilege to represent. It is important to [...]

WRONGFUL DEATH

Following the resolution of a wrongful death case, the court must determine to whom to distribute the proceeds.  After the payment of attorney fees, costs, and liens on the monies, the court will distribute the monies among the available wrongful death claimants.  Most of the time, the personal representative, with input from the attorney and [...]

DEATH OF A SPOUSE

The death of a spouse is one of the most devastating events of a person's life. As a recent widow or widower, you will face many personal and financial challenges.  Here are some tips. Grieve. One of the most important new findings has shown that for most of us, grief is a severe — but self-limiting — [...]

SETTLEMENT

PRE AND POST SUIT SETTLEMENT Attorneys are often confused as to whether the trial court or probate court has jurisdiction for a settlement in which the Plaintiff is a minor, legally incapacitated individual or deceased estate.  This blog post should help clarify the manner in which to handle a pre-suit settlement and a post-suit settlement. [...]

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 [...]

WRONGFUL DEATH DISTRIBUTION

WRONGFUL DEATH DISTRIBUTION A wrongful death lawsuit was commenced by a personal injury firm and a favorable settlement was reached for the decedent.  Following a settlement, the proceeds of the settlement must then be distributed to the wrongful death claimants based on Michigan’s wrongful death act, MCL 600.2922.  The statute distributes the proceeds to certain family [...]

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 [...]