By rocco | Published August 22, 2014 | Posted in Codicil, Estate, Macomb County, Oakland County, Personal Representative, Probate Court, St. Clair County, Trust, Uncategorized, Will | Tagged Tags: Intestate, Macomb County, Oakland County Probate Court, Personal Representative, Probate, Probate Court, Rochester, Rochester Hills, Shelby Township, St. Clair, Sterling Heights, Testate, Troy | Leave a comment
How do I open a Probate estate? Miniseries part 2/3
Miniseries part 1/3 discussed the basics of firmate and infirmate estates and some of the basics of unsupervised estates. In summary, if one dies without a valid will, trust or other instrument then one dies “Infirmate” in the eyes of the law. Infirmate comes from the Latin word “infirmato” derived from ancient Roman law meaning Read More
Read MoreAppoint a Guardian for your Child
Do you have minor children? Do you have legal documents that plan for your children if something happens to you and your spouse? You can use the attached form if you do not have any estate planning documents and would like to appoint a guardian for your minor children if you have not done so Read More
Read MoreHow Is Child Custody and Visitation Determined in New York State?
Child custody is by far the most contentious area of divorce law. In previous years, the issues of child custody and visitation were simply solved by near-unilateral maternal custody. However, this is no longer the case. In fact, according to the U.S. Census Bureau, there was a 27 percent increase in single-father households from the Read More
Read MoreHow do I open a probate estate? Miniseries part 1/3
In the previous four parts of this series, we discussed the basic differences between having a will and not having a will. In this discussion, we will see how the end result takes shape in the form of opening a probate estate in a three part mini series on the matter. There are two forms Read More
Read MoreI have a will so now what?
You either went to an attorney or legalzoom.com, perhaps even Suzie Orman, and you purchased and executed a will. So what does that mean? Assuming the will was properly executed and is a valid and enforceable instrument, then lets consider the following effects of having a will after your death. First, having a will does Read More
Read MoreThe Difference Between Having a Will and Not Having a Will
In the third part of our Understanding Probate series, I will discuss the basic differences between having a will and not having a will. If someone dies without a will, trust, or other firmamentary instrument, then they are said to die infirmate. MCL 700.2101. If someone dies and one wants to know if someone had Read More
Read MoreTo will or not to will?
When I speak in estate planning seminars, generally 70% of those in attendance have a will. Can that 70% of folks explain what their will does for them? Sometimes yes, sometimes, no. In this post I will explain what a will is by definition. A “Will” includes, but is not limited to, a codicil and Read More
Read MoreWhat is probate?
Is probate a place I go after die? No! Probate court is a place where your heirs go after you die to administer your affairs if you do not have a properly funded trust agreement, or if you only have a living will or do not have a will at all. Probate court also has Read More
Read MoreJuvenile Until Age 16
In New York, children up to the age of 16 are tried in the juvenile system. The purpose of juvenile justice is to prevent acts done at immature ages from unfairly devastating the lives of the very young. In the New York juvenile justice system there are special rules to distinguish young offenders from adult Read More
Read MoreDo You Have to Be Separated Before Filing for Divorce in New York State?
In New York, you need legal grounds — reasons recognized by the state’s divorce laws — to get a divorce. There are two categories of legal grounds in New York State: fault-based and no fault. No-fault grounds for divorce In New York, a divorce can be granted on no-fault grounds. In no-fault divorce, the person Read More
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