The next area of Probate Court jurisdiction, is that of decedents' estates. These estates are handled differently, depending on how much, and what kind of assets are involved, whether Court supervision is required or desired, whether there is a will or not, and on other factors too numerous, and case-specific to list out here... Continue reading.
Property distributed by intestate succession, is distributed to intestate heirs, as described below, in the following order:
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As adults, we all make personal decisions for ourselves, like where we will live, what medical decisions we make, etc. When someone cannot make those decisions for themselves, they need someone to make those decisions for them; when that decision-maker is appointed by the court, they are referred to as a "Guardian". The case is called a "Guardianship", and the protected/legally disabled person is sometimes called a "ward"... Continue reading.
A Guardian Ad Litem, or GAL, is not really a guardian, but is instead someone (usually an attorney) hired to be “the eyes and ears of the judge”. A GAL is appointed to protect the interests of vulnerable persons, such as the elderly, or minors, who may have an interest in a court proceeding. The GAL is usually required to visit at the home of that vulnerable person, to find out the true “on the ground” facts behind a Petition, and to report to the Probate Judge... Continue reading.
There is a procedure for trying to remove a fiduciary, but the important questions you will have to answer to the judge, are why you want to swap out the current fiduciary, has he/she done anything wrong, are they conducting themselves appropriately, and whether you might have an axe to grind in wanting the current fiduciary replaced. .. Continue reading.
MCLA §700.3203 sets up the following priority for appointment as Estate Personal representative, in order:.. Continue reading.
A Conservatorship is the same as a Guardianship, in that it is authority granted by the Probate Court, to act for another. It is different, because a Conservatorship authorizes one person to handle another's business affairs.
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Under MCLA 600.871, Probate Courts throughout the State of Michigan are required to charge and collect something known as an "Inventory Fee", which sounds so much better than "a tax". Inventory fees are considered "expenses of administration", which conveniently gives the probate court priority over others, including estate beneficiaries and creditors, for payment of this amount... Continue reading.
Most of us are able to make our own decisions on matters of housing, medical care, education and the like. Some of us are not. A person appointed by a Probate Court, to make decisions in such matters (as opposed to business/property matters) is called a Guardian.
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There are issues covered by the probate code, on the subject of inheritance, that are simply too detailed to discuss on a general information website such as this. Some of these issues deal with estate and gift taxation, powers of appointment, detailed estate planning issues, spousal elections, advancements against portions designated in a will, omitted children. If you have questions on these subjects call Jon Frank... Continue reading.
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