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Probate - Must a creditor provide sufficient proof of documentation of the claim to the personal representative? 1022Top of Page
Probate - May an attorney acting as both attorney and personal representative charge fees for both capacities? 1021
Minor Guardianship - How does a parent terminate a minor guardianship? 1020
Probate - Must a person be nominated in a will to become personal representative? 1019
Guardianship - Must co-guardians make decisions jointly? 1016
Probate - Is there a time requirement regarding a personal representative's formal acceptance of appointment? 1014
Probate - How are claims pro rated in an insolvent estate? 1013
Guardianship - Must the legally incapacitated individual have legal counsel in a contested matter? 1009
Probate - Can an individual with a felony conviction serve as a fiduciary? 992
Power of Attorney - May an attorney in fact under a durable power of attorney transfer assets to himself or herself? 987
Mental Commitment - Are mental commitment files confidential? 985Top of Page
Probate - If an estate is insolvent, what happens to the claims? Is the personal representative responsible? 983
Probate - When is a tax identification number necessary for an estate? 982
Probate - Who is responsible for the animals of a decedent? 980
Guardianship - When a co-guardian resigns may the remaining guardian continue as sole guardian? 977
Trust - May a trust control how the proceeds of joint accounts not owned by the trust be distributed? 972
Conservator - Should the conservator pay a credit card bill for a protected individual generated after appointment of a conservator? 971
Probate - Must a devisee receive notice of all estate proceedings? 968
Conservator - Does a Michigan conservator have a right to change beneficiaries on a life insurance policy without court approval? 960
Trust - May a co-trustee delegate his or her power to the other trustee? 953
Probate - If an estate is closed by sworn statement, when would it need to be reopened if other assets discovered? 949Top of Page
Probate - How may an income tax refund due decedent be claimed? 947
Minor Conservatorship - Is a bond always required for a conservator of a minor? 946
Probate - Do I include assets in a living trust at the time of death in the probate inventory? 945
Probate - May I disclaim my interest in an estate to avoid estate liabilities? 944
Wrongful Death - Who may receive proceeds from a wrongful death claim? 942
Power of Attorney - Is the attorney-in-fact responsible for the bills of the principal after the principal's death? 939
Durable Power of Attorney - Does a durable power of attorney need to be witnessed, notarized or filed with the court? 931
Probate - If a conservatorship becomes necessary for a minor beneficiary of a decedent's estate, is the cost associated with the conservatorship a cost which is paid by decedent's estate? 928
Involuntary Commitment - Is an involuntary commitment a public record? 926
Will - May a family member be present when an individual is making a will? 925Top of Page
Trust - Does a trust need to be witnessed? 921
Guardianship - May a legally incapacitated individual enter into a contract? 920
Probate - If an individual is left an interest in real estate by will, when is it appropriate to to occupy and care for the property? How would expenses be split? 918
Probate - May an individual under guardianship or conservatorship make a will or sign advanced directives? 916
Probate - May a personal representative pursue an eviction without an attorney? 911
Patient Advocate - How does divorce affect a patient advocate designation? 909
Trust - When may a trustee be removed? 899
Durable Power of Attorney - If I have a durable power of attorney, am I allowed to add my name to an annuity and become a joint owner? 897
Joint Account - Does property purchased with money from a joint account belong to survivor of joint account or the deceased purchaser? 894
Wrongful Death - Must a personal representative be appointed to pursue a wrongful death claim? 881Top of Page
Probate - Is real estate devised in a decedent estate exempt from transfer tax? 875
Probate - If my children wish to object to the will of their father, do they need to hire an attorney? 872
Probate - May a personal representative purchase estate assets or sell them to family and friends? 868
Will - Does a will supersede the survivorship of a jointly owned asset? 862
Probate - What is the time limit for a creditor file a claim after an individual's death? 861
Conservatorship - Is a protected individual entitled to hire their own attorney and have the attorney paid by the conservator? 858
Guardianship - Can an legally incapacitated person own real estate. Who can sell it? 855
Probate - How should property subject to a land contract be treated in the inventory? How may it be transferred? 852
Conservatorship - Is the conservator responsible for paying the bills of a deceased ward? 850
Probate - May a personal representative receive estate property without court permission? 849Top of Page
Probate - On what basis can a personal representative disallow a claim? 846
Minor Guardianship - May a minor have a guardian of his or her choice? 845
Probate - How does a simultaneous death of a married couple without children affect inheritance? 844
Conservatorship - Is there a set amount of cash that can be allowed to be given to the spouse from a conservatorship? 841
Probate - Does the exempt property for surviving adult children have to be split with grandchildren of a predeceased child? 839
Power of Attorney - Do power of attorney papers expire other than at time of death? 837
Probate - When the personal representative receives a bill for the decedent from a hospital, what action needs to be taken? 836
Trust - Do the provisions of a trust supersede the provisions of a will concerning the same property? 833
Probate - What rights do adult children have to the exempt property allowance? 828
Probate - Are children who parents rights are terminated or who have been adopted entitled to inherit from biological parents? 826Top of Page
Minor Guardianship - Is there any difference in the rights my parents would have as guardians or as limited guardians? 823
Guardianship - What is the statue of limitation for a guardianship appeal? 819
Probate - How is a specific devise subject to a security interest treated? 816
Probate - How long does it take to probate an estate? 813
Probate - Must my father's home be sold to pay his funeral bill? 812
Probate - May estate property be distributed before a personal representative is appointed? 806
Probate - Is the personal representative responsible for paying taxes owed by the decedent? 799
Minor Conservatorship - May a conservator who is not a parent use a minor's assets to for the minor's living expenses? 795
Minor Guardianship - May a minor choose who the guardian is to be? 794
Probate - In an intestate estate, is the spouse's share computed before the estate taxes have been paid? 793Top of Page
Probate - May a personal representative make funeral arrangements? 790
Probate - In what order may estate property be used to satisfy claims? 788
Will - What happens to the share of a devisee who predeceases the testator when the will is silent? 786
Probate - How may a interested person compel a personal representative to complete administration? 785
Probate - Must my estranged brother and sister be notified of the probate of my mother's will when she omitted them from the will? 782
Joint Account - Can a will cause money to be paid to an individual other than the survivor of a joint bank account? 781
Conservatorship - What is the proper venue for a conservatorship for a Michigan resident? 770
Conservatorship - Who pays the attorney for the conservator? 756
Probate - Does the probate court have the authority to set aside a sale of real estate? 755
Probate - Does there need to be a publication of notice to creditors when the decedent had no known debts? 748Top of Page
Probate - Can the personal representative evict individuals from the decedent's property? 747
Probate - How must a claim be presented to a personal representative? 745
Guardian - Must a guardian or guardian ad litem consult with the family before making a decision? 741
Trust/Will - What is the difference between a will and a trust? 740
Probate - May a non resident serve as a personal representative without a Michigan agent? 739
Probate - Is it appropriate to send a letter to the judge hearing my case? 737
Trust - Would a trustee of a revocable living trust be required to keep the beneficiaries informed when the settlor has been deemed incompetent? 733
Probate - How should debts owed the estate by a devisee be used to calculate the devisee's share of the estate? 732
Will - Who can attest to witnessing the testator's signature on the will? 731
Probate - When may a personal representative resign? 729Top of Page
Trust - Must there be an accounting to the probate court before distribution of a revocable trust? 727
Will - What are the rights of an omitted child born before the execution of a will? 725
Probate - May a non United States citizen serve as a personal representative? 722
Probate - Where would I find information regarding costs and expenses of administration? 714
Trustee - Is the trustee of a living trust entitled to compensation? 701
Probate - May a stepchild contest the will of a stepparent? 700
Will - Is a non family member is named in a will, may he or she see the document? 697
Guardianship - How does a guardianship affect a living trust? 685
Probate - Who is responsible for funeral expenses? If paid by third party, must the estate reimburse him or her? 682
Will - Who is entitled to a copy of the will? 678Top of Page
Probate - What amount may be paid a personal representative? 677
Minor Guardianship - What is the effect of terminating a minor guardianship upon parental rights? 676
Probate - How may the personal representative evict an individual from estate property? 675
Minor Guardianship - Does a guardian of a minor have a right to not allow overnight visitation with a parent? 670
Case Evaluation - What is case evaluation? 661
Representative Payee - Does a representative payee have control over all the assets of the recipient? 660
Probate - Does an heir have a right to continue to occupy estate property during administration? 657
Probate - May a personal representative appoint a co-personal representative? 656
Will - What is the time period in which a will must be submitted to court? Is there a way to compel filing the will? 636
Conservatorship - May a minor's conservator use the proceeds of deceased father's life insurance to pay father's funeral expenses? 634Top of Page
Probate - How may Michigan property be administered by a personal representative appointed in another state where decedent was residing? 631
Conservator - Can a conservator make a will for the protected individual? 629
Probate - If funeral expenses are paid by individual's insurance, can an individual be reimbursed by the estate for such payment? 625
Guardianship - How should we decide if a power of attorney or guardianship is more appropriate? 622
Probate - How should items of personal property be treated? 616
Attorney Fee - Is there a standard attorney fee set by the court for an attorney representing an estate? 615
Trust - May a Michigan resident file in a Michigan court to remove a Florida trustee? 612
Probate - What is the different between accounting forms PC 583 and PC 584? 604
Probate - May a parent who has had nothing to do with a child and not supported the child inherit from the child? May the parent's kindred? 603
Will - May a non resident be nominated as the personal representative? 599Top of Page
Minor Conservatorship - What probate court action is necessary when a minor receives a large settlement? 584
Probate - If a personal representative is appointed in another state, must probate administration be started in Michigan when the estate has Michigan real estate? 582
Probate - How may distribution of unclaimed assets be made to a missing beneficiary or devisee? 581
Conservatorship - Where can I turn in a conservator for misuse of funds in Michigan? 578
Guardianship - How much control does the guardian have over the legally incapacitated individual? 572
Conservatorship - How long should a conservator keep records? 570
Conservatorship - How should a conservator treat jointly held assets? 569
Heirs - May the natural siblings of an adult who was adopted as a child be heirs? 566
Probate - What should be done if an inventory was filed with too high a value? 564
Probate - Is there a time limit for when distribution must be made from a decedent's estate? 563Top of Page
Probate - In which court would a personal representative file to gain control over estate property occupied by other? 557
Guardians - What are the qualifications for a professional guardian or conservator? How do they get appointed? 555
Probate - How should an asset with a lien be valued on an inventory? 544
Minor Guardianship - Is there an alternative to a guardianship for transferring parental powers to a third person? 543
Conservatorship - Why is a surety bond needed in a conservatorship? 537
Attorney Fee - May attorney fees incurred in defending a claim for allowances by a personal representative be payable from the estate? 532
Probate - How should an accounting reflect the changing value of stock held by an estate? 526
Will - Can the holder of my power of attorney change my will? Can I change my will if I have a power of attorney? 525
Will - How may a lost will be proven and admitted to probate? 520
Will - Is a no contest clause in a will enforceable? 514Top of Page
Probate - Is decedent's house consider part of the estate? 513
Probate - What information must a personal representative disclose to interested persons? 500
Guardianship - As an interested person to what information am I entitled concerning the condition of the ward? 496
Probate - How should an inventory be amended to reflect a wrongful death settlement? 487
Probate - If heirs or devisees are entitled to distribution of an undivided interest in estate property, may one of them force a sale? 486
Probate - If a beneficiary dies before the estate is distributed is the beneficiary's surviving spouse entitled to anything? 485
Probate - How is property subject to a lien valued for the purpose of calculating the inventory fee? 484
Probate - How is an estate administrated when the names and addresses of heirs are unknown? 483
Change of Venue - What is the proper procedure for change of venue and can it be contested? 478
Conservator - Is it allowable for a conservator to change a joint designation of a CD? 474Top of Page
Probate - Real estate was devised to myself, my brother and mother. My brother is deceased and my mother just died. The property has been sold. Do I receive the proceeds or do we need to probate my mother's estate first? 473
Probate - May a ward's real estate be sold when there is a guardian but no conservator? 470
Power of Attorney - Is an attorney in fact responsible for bills or debts when the principal dies? 468
Probate - Must a personal representative provide the interested persons with past income tax returns? 467
Probate - Must a personal representative abide by a memorandum referred to by a will? How should personal property referred to in the memorandum be distributed when the estate is otherwise insolvent? 464
Minor Guardianship - How can we try to keep custody of a ward once a parent tries to regain custody? 457
Probate - Do you need court approval to sell real estate in all estates when a "protected individual" is an interested person? 456
Will - Are my will, trust and living will which were executed Florida valid now that I am a Michigan resident? 446
Power of Attorney - How should I sign as an attorney in fact under a power of attorney? 442
Power of Attorney - What can be delegated by a guardian of a minor by power of attorney? Is the attorney in act responsible to pay for service secured under such power of attorney? 440Top of Page
Conservatorship - When a spouse has been appointed as a conservator can money in bank accounts be used for the benefit of either party? 435
Probate - Does a will have to be probated? 434
Real Property - Is a quit claim deed effective upon filing or signing? May I avoid probate by deeding property with instructions that the deed not be recorded until after my dead? 433
Conservator - May I as my spouse's conservator sell our jointly titled home and use the proceeds to purchase another that is more suited to providing her care? 416
Will - How may I be able to see the will of my deceased sister? 415
Patient Advocate - May a patient advocate be authorized to admit an individual to a nursing home? 414
Guardianship - What is the procedure to appoint new guardianship? 410
Power of Attorney - May an attorney in fact amend a power of attorney? 405
Guardianship - May a petition be filed under the Probate Code to appoint a guardian of a developmentally disabled persons? 404
Probate - Must Canadian consul be given notice for Canadian citizens of intent to request informal appointment of personal representative? 403Top of Page
Real Property - I owned a home jointly with my deceased husband. Can his children now claim rights to the property? 388
Probate - What obligation does the personal representative have to notify individuals who may no longer be heirs because of adoption or death? 387
Probate - What happen to the property of the deceased if the will is not probated? 386
Power of Attorney - If a power of attorney is silent as to the validity of a photocopy, can a photocopy be used in place of an original? 285
Probate - What can a personal representative do if dissatisfied with the estate's attorney? 384
Probate - How may a judgment based upon a surcharge be renewed? 380
Trust - How are matters decided when there are multiple trustees? 378
Probate - Is publication for claims required with a small estate procedure? 377
Durable Power of Attorney - Is a durable power of attorney enforceable state to state? 376
Power of Attorney - How may a power of attorney be taken away from someone? 373Top of Page
Limited Guardianship - How can I terminated a limited guardianship over my child? 362
Trust - Under what conditions must a trust acquire a federal tax identification number? 361
Probate - If a child is omitted from a will, may the child still take a share of the estate? 358
Attorney Fee - Can the attorney for a personal representative charge a percentage of the gross value of an estate? 355
Power of Attorney - Can a legally incapacitate individual or protected individual sign a power of attorney? 354
Power of Attorney - Is an attorney in fact allowed to charge anything for their services? 351
Probate - May an individual convicted of a felony serve as a personal representative? 347
Fiduciary Fee - What is an appropriate fee for a guardian or a conservator? 344
Probate - My former husband is deceased. His parents are commencing probate. What is our minor daughter's rights to his estate and how may I see such rights are enforced? 335
Probate - Is a grandchild an heir of a grandparent? If the grandchild now owns property as survivor of the deceased grandparent, may a child challenge such ownership? 328Top of Page
Minor Guardianship - May a relative of a child under guardianship require the guardian to allow visits between the child and the relative? 327
Trust - If a trust is silent as to how a successor trustee is appointed, is court action necessary to appoint a successor trustee? 325
Probate - Must all heirs be notified before insurance proceeds are paid? Do step children have a right to insurance proceeds if not specifically named? 324
Probate - Must children receive a copy of the will? May they be omitted by the will? 323
Probate - How should estate property be listed on the inventory? How is the inventory fee calculated? 316
Guardianship of Minor - I have physical custody of a minor whose parents are deceased. I was name guardian in the parents' will. Do I need to probate the will? Is a conservatorship necessary? 311
Will - What is meant by "nominal bond" in a will? 310
Power of Attorney - May an individual acting under a power of attorney execute a second power of attorney for the principle granting authority to a third party? 309
Conservatorship - What are a conservators responsibilities to protect a ward's real estate? 308
Probate - May non dependent adult children claim an exempt property allowance from decedent's estate? 304Top of Page
Will - How can one view a will from an individual from the mid 80's? 301
Conservator - May a child bring an action against a conservator for mismanagement of a parent's (ward) estate? 298
Probate - Is life insurance where there is no living beneficiary as asset of the probate estate? 296
Conservator - What authority does a conservator have after the ward's death? 295
Probate - Are the heirs of decedent responsible for the debts of the decedent? 291
Probate - Is the redemption period for foreclosed estate property tolled when an estate is opened? 289
Probate - Where can I obtain probate forms and information about how to administer an estate? 288
Probate - I was named personal representative in a will. May I charge the estate a fee for services before I have been appointed as personal representative? 282
Minor Guardianship - Can a grandparent petition for parenting time in a full guardianship? 276
Trust - When must a trustee register a trust? 275Top of Page
Conservatorship - Is a conservatorship always necessary when real estate is transferred to a minor? 272
Probate - What are "dower rights"? 269
Probate - What are the inheritance rights of the first spouse when decedent has married another without the benefit of divorcing the first spouse? 268
Will - What if the the name decedent used and the name on his will are different? What if the witnesses are connected to heirs? What if the will is printed and not notarized? 266
Inventory - Should property held jointly by a decedent be included on the inventory for the decedent's estate? 264
Minor Guardianship - Who can petition for parenting time in a minor guardianship? 260
Conservator - Is a conservator obligated to personally guarantee an apartment lease for the protected individual? 253
Probate - How can I request a copy of my grandmother's will from the court? 250
Probate - Can an adult child claim family allowance to get around the fact that he was intentionally omitted from the will? 244Top of PageProbate - Is a surviving spouse liable for the debt in the sole name of a deceased spouse? 243
Probate - What are the time limitations for objecting to a will? 241
Marriage - Can an individual for whom a guardian has been appointed marry? 238
Conservatorship - When the conservator and ward move to another state must the conservatorship be terminated or moved to the new state? 236
Probate - How does a personal representative get paid? 230
Probate - Does an individual appointed in a will have any duties before person naming him dies? Can co-personal representatives be appointed? 229
Probate - What are the obligations of a surviving spouse for credit card debt held solely in the name of the deceased spouse? 226
Durable Power of Attorney - When does the durable power of attorney become invalid? 221
Probate - Are there time limitations for probating a will? 220
Probate - Must a preliminary distribution to an heir/devisee be approved by court order prior to the disbursement? 217
Probate - Are adult children entitled to homestead allowance, family allowance and exempt property from a decedent estate? 215Top of Page
Trust - Should I accept a check from a trustee with a release of liability clause? 214
Probate - Do handwritten codicils have the same requirements as holographic wills to be valid in Michigan? 207
Trusts - Can a testamentary trust be changed if it is not in the beneficiary's best interest? 205
Probate - How may a personal representative close an estate and end personal liability for any actions during administration? 202
Minor Conservatorship - How much money or property may be delivered to a minor without the need for a conservatorship? 200
Trust - How may a trust be terminated or modified if all the parties agree? 198
Probate - Is there a time limit for starting probate proceedings? 192
Probate - What notice to a creditor is required to bar a claim against a decedent's estate? 191Top of Page
Probate - When the personal representative is appointed for the estate, what is the attorney's responsibility thereafter and when does the attorney's representation end? 187
Probate - What can be done to dispose of a decedent's personal property located on other's property when no estate is commenced? 185
Probate - Can a personal representative pay herself out of a joint account with decedent as she pleases? 180Probate - How do I close a decedent's estate? 179
Trusts - Must a trustee begin distribution according to the terms of the trust? 178
Probate - How is real estate transferred from a decedent's estate to an heir? 177
Probate - Can an unsigned copy of a will be admitted to probate? 173
Probate - When does real estate need to be sold to satisfy claims? 170
Probate - What constitutes an individual’s estate? 167
Probate - Why would a person have a personal representative if having one means the trust is responsible for allowances and other debts? 166Top of Page
Trust - As the attorney in fact under a power of attorney, can I sign a deed transfering property owned by a trust for the trustee? 138
Joint Accout - Does the surviving owner of a joint account automatically become the sole owner of the account? 134
Is a person entitled to a devise in a will if they survive the decedent but die before distribution? 126
What are the requirements for obtaining a guardianship over an adult in Michigan? 123
Minor Conservatorship - When is a fiduciary bond necessary? 115
Death Certificate - Where can I locate when I have Social Security number? 111
Minor Guardianship - What rights does a guardian have against the parents of the minor? 110
Heirs and Anti-Lapse Statute - Is a step child an heir? When is the anti-lapse statute applied? 098
Sale of Real Estate by Conservator - What is the procedure? 062
Estate Assets - What part of household items are treated as assets of a deceased spouse's estate? 061Top of Page
Claims Against a Decedent's Estate - When are they permanently barred? 048
Modifying Guardianship - When can a guardianship be modified or terminated? 046
Conservatorship vs Power of Attorney - How do they differ? 045
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Last Updated 1-4-10
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to: pharter@calhouncountymi.gov