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AV Preeminent Peer Rated Attorneys
Earleton Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Earleton Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Could he, as a third party, delay the proceedings with a caveat or lawsuit if he believed he was entitled to compensation from the deceased?

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Answered by attorney James P Frederick (Unclaimed Profile)
Estate Planning lawyer at Frederick & Frederick Attorneys at Law
In Michigan, there is no Caveat procedure. If he was due something from the decedent, he could file a claim against the estate. The Personal Representative would then need to either accept or deny the claim. If the claim is denied, the claimant would need to file a lawsuit against the estate within 63 days or the claim would be barred. He would not be considered an interested person of the estate and he would not have the right to notice, and he would otherwise not have standing. His sole remedy under Michigan law would be to file a claim. Good luck with the book!
In Michigan, there is no Caveat procedure. If he was due something from the decedent, he could file a claim against the estate. The Personal Representative would then need to either accept or deny the claim. If the claim is denied, the claimant would need to file a lawsuit against the estate within 63 days or the claim would be barred. He would not be considered an interested person of the estate and he would not have the right to notice, and he would otherwise not have standing. His sole remedy under Michigan law would be to file a claim. Good luck with the book!
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My mother as the only life tenant, quit deeded it to a brother who is a remainderman. Me and another brother are also remaindermen on this estate!

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
A quitclaim deed cannot transfer title.  The only thing it can do is note that the signer quits making a claim to ownership.  That is why it is best used with disputed easements and rights of way. The owner of a life estate (your mother, since a quitclaim deed cannot transfer title) cannot do anything which would damage the rights of the remaindermen.  (Note that the situation is different if this is not a simple life estate but a general warranty deed reserving extended life estate a/k/a Lady Bird Deed.  Your mother could revoke that at any time before her death.) On your mother's death (which terminates the life estate), your brother could file a claim against her estate for "loans" for improvements -- but would have to show tbey were not gifts.   Show the actual documents to a local real estate lawyer so that she can advise you based on the facts.    
A quitclaim deed cannot transfer title.  The only thing it can do is note that the signer quits making a claim to ownership.  That is why it is best used with disputed easements and rights of way. The owner of a life estate (your mother, since a quitclaim deed cannot transfer title) cannot do anything which would damage the rights of the remaindermen.  (Note that the situation is different if this is not a simple life estate but a general warranty deed reserving extended life estate a/k/a Lady Bird Deed.  Your mother could revoke that at any time before her death.) On your mother's death (which terminates the life estate), your brother could file a claim against her estate for "loans" for improvements -- but would have to show tbey were not gifts.   Show the actual documents to a local real estate lawyer so that she can advise you based on the facts.    
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Will I be responsible for his debts when he passes away?

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Answered by attorney Larry Dale Webb (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Larry Webb
Generally the debts of the decedent are charged against his estate. If you inherited the house, the mortgage liens remain and you must pay the mortgage or refinance in your name. Is your mother's estate still open, if so why?
Generally the debts of the decedent are charged against his estate. If you inherited the house, the mortgage liens remain and you must pay the mortgage or refinance in your name. Is your mother's estate still open, if so why?
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