In Michigan, a valid last will and testament requires all of the following: It must be in writing. MCL 700.2502(1)(a). It must be signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the...
Wills, Trusts And Estates
What Are The Rights Of Siblings To Inherit In Michigan?
If someone dies without a last will and testament in Michigan, then the distribution of his or her estate is determined by Michigan’s intestate laws. The Estates and Protected Individuals Code sets out the list of individuals that would inherit if someone dies...
Chadwick Boseman’s $2.3 Million Estate Settlement Is A Cautionary Tale About The Need For Proper Estate Planning
Chadwick Boseman was an actor that rose to international fame by portraying the superhero Black Panther in the Marvel Cinematic Universe, beginning with the film Captain America: Civil War in 2016 and concluded with Avengers: Endgame in 2019. Unfortunately,...
What Are The Inheritance Rights of Stepchildren In Michigan?
Many remarriages with children create a host of new relationships between everyone involved: stepmothers, stepfathers, stepchildren, step-siblings, step-grandparents, etc. Over 4 million children in the United States live in a household with a stepparent. ...
What Are The Inheritance Rights Of Adopted Children In Michigan?
In Michigan, the Estates and Protected Individuals Code determines the inheritance rights of adopted children. What are the rights of adopted children to inherit from their adoptive parents? Do adopted children retain any rights to inherit from their...
Who Can Witness The Signing Of A Last Will And Testament In Michigan?
Generally, a valid last will and testament in Michigan requires all of the following: It must be in writing. MCL 700.2502(1)(a). It must be signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the...
What Is The “Prudent Investor Rule” In Michigan?
A fiduciary has the responsibility of acting on behalf of another person and putting that person’s best interests ahead of their own. In Michigan, a fiduciary “includes, but is not limited to, a personal representative, funeral representative, guardian,...
What Happens If The Personal Representative Is Stealing From An Estate In Michigan?
A personal representative is a fiduciary with the duty to fairly administer and distribute the assets of a decedent’s estate for the benefit of the surviving spouse, heirs, devisees and creditors. This significant authority allows broad access to the assets of...
What Happens To The Devisee’s Gift In A Will If He Or She Predeceases The Testator In Michigan?
A person in Michigan can make a last will and testament and leave his estate to any individuals that he or she chooses. There is no requirement that his or her estate assets must be left to a relative. Gifts can be made to stepfamily members, next-door...
Does The Attorney Actually Represent The Fiduciary Or The Estate In Michigan?
A fiduciary (which includes, includes, but is not limited to, a personal representative, conservator and trustee) is absolutely entitled to hire an attorney to assist them in their duties in managing the estate or trust. Furthermore, the attorney’s...
