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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...
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...
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...
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...
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...
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,...
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...
If the personal representative has completed all of the tasks required under the law (e.g. created an inventory, dealt with creditor claims, resolved tax issues, reached agreement on proposed property distributions, etc.), then the time has come to finalize...
A father, who has been widowed for years, creates a last will and testament to distribute his assets to his only son and two daughters. He is the proud owner of a 1967 Chevrolet Corvette that he keeps covered in a barn behind his home. The fair market value...
If a person dies and leaves property behind, then probate administration may be required to ensure that the decedent’s final affairs are wrapped up and that assets are distributed as required under the law. The probate court will have to determine if there was...