Must I go to probate? Maybe not. Not all property in which the decedent has an interest requires probate. Assuming no probate estate is opened and there is no plan to open a probate estate, there are types of property which can pass to a new owner on death without going through the probate process. [...]
The Probate Pro provides this Probate FAQ to assist people with basic questions. This probate FAQ, glossary and the definitions, terms and videos provided are for information purposes only, and are not intended to and shall not be used as legal advice. No attorney-client relationship is formed. You use the content, information, and services on [...]
Appearance in Probate Court? How do I look? A court Appearance is quite different from what we generally think of when we think of someone's appearance. Most think of your appearance as how you look... your clothes, hair, facial expression which creates an overall impression. However, in the legal context, it is a specific process [...]
Sometimes we are led to believe that sibling rivalry only exists within childhood. Unfortunately, sibling rivalry can exist beyond childhood and beyond the teenage years. Sibling rivalry can even affect something as sensitive as probate and estates. If a sibling rivalry is affecting probate and estates, the probate process can therefore become a very arduous [...]
In Michigan, can a person under Guardianship or Conservatorship execute an Estate Plan? Quite simply, there is no statutory bar for a person under guardianship or conservatorship to execute an estate plan. Warning bells may be ringing but it can be permissible under certain circumstances. Let’s examine this question reviewing two of the theories that [...]
The Probate Pro litigates trust disputes in probate court. A dispute involving any trust or aspect of a trust, whether it be the language of the trust, the actions of a trustee or beneficiary, or another facet of a trust, is referred to as a trust dispute or trust litigation. As a trustee, you are [...]
Trust is a word with multiple meanings. We all know trust means that you have firm belief in the reliability, truth, ability or strength of someone else. Trust also has a legal definition, which pertains to an arrangement whereby a person (the trustee) holds an asset such as property or money for the benefit of [...]
Probate fights are nasty, exhausting and expensive. Whether you’re about to enter a probate fight or are already immersed in one, it’s important to know what happens in probate litigation. Let’s go over the probate litigation process so that you know what to expect. Lawsuit commenced, complaint filed The lawsuit may be commenced in the [...]
When a loved one passes away without an estate plan, all hell can break loose within a family when it comes to distribution of assets. Members of the family will be fueled by their belief of how the assets should be distributed. The laws of intestacy, however, must be followed if there is no will [...]
It's always been understood that with a joint bank account, both co-owners (joint tenants) have equal access to the funds within that account. However, there are times when one of the co-owner takes action that presents ramifications for the other co-owner. Sometimes, there are instances when the co-owner taking the money does so without respectfully [...]
