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...
Wills, Trusts And Estates
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...
Michigan Court Of Appeals Holds Spouse’s Relative Was No Longer Beneficiary To Will Or Trust After Divorce
On December 16, 2021, the Michigan Court of Appeals released their decision in Joseph & Sally Grablick Trust, ___ Mich App ___; ___ NW2d ___ (2021)(Docket No. 353951) holding that the biological daughter of decedent’s ex-wife (but not decedent) was no...
How Long Does The Probate Of A Decedent’s Estate Last In Michigan?
If a deceased person has assets that have to pass through and be administered by the probate court, then one of the most common questions asked by personal representatives, heirs and devisees is how long the process is going to last. The answer is: it...
What Is The Difference Between Supervised And Unsupervised Estate Proceedings In Michigan?
After a person dies and leaves property behind, probate administration may be required to properly oversee and distribute the decedent’s assets according to Michigan law. The probate court will have to determine if there was a last will and testament,...
What Is Michigan’s Fiduciary Access To Digital Assets Act?
In 2016, Michigan was one of several states to pass its version of the Uniform Fiduciary Access To Digital Assets Act to update the state’s estate planning and probate administration rules to conform with the realities of the digital age. In the past, if a...
