Can a child be disinherited now in Michigan? Recent case law suggests that may be so, with a twist. The case of In Re Estate of Shelby Jean Jajuga, a Michigan Appellate Court case published in October of 2015 dealt with disinheriting a child from a will. The Court’s opinion stated “[w]e hold that petitioner has a statutory right to exempt property … [Read more...]
What to do when an Estate has only a few Assets?
“Help! My mom died without a will or trust, and she does not have many assets. What can we do?” This is a call we receive regularly at my office. When someone dies without a will, they are intestate. Accordingly, to transfer any assets held in the deceased person’s name, probate court must be utilized. Please keep in mind that in Michigan certain … [Read more...]
Undue Influence Or Not?
Recently, a new unpublished case was decided by the Appellate Courts on the issue of Undue Influence, Rowan v Billington, et al. As I was reading the Court’s decision, it reinforced for me how so many people misunderstand the legal concept that is Undue Influence, especially when it deals with probate matters. I take many calls where a … [Read more...]
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