What is a Guardianship? When a person lacks the understanding or ability to make or communicate informed decisions relating to their care, medical needs, and placement, the individual may need the help of a guardian. A guardian is appointed by the probate court at the request of a concerned person (the petitioner). Common petitioners include [...]
Just recently, traditional notions of privacy have clashed with social media, prompting a headline-making case: Yahoo is denying two personal representatives access to their deceased brother’s emails. What’s the Story? John Ajemian was just 43 when he died in a bike accident in 2006. He did not have a Will, so his brother and sister [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 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 [...]
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 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 [...]
