Legal Question in Wills and Trusts in Michigan

Executing mother's will and trust. DowDupont stock broker asked me to provide a decedent's successor probate document. However, that form is for estate not exceeding $15,000. But, the stock is worth approx. $155,000. What form is appropriate for this situation for Michigan?


Asked on 5/21/18, 7:17 am

2 Answers from Attorneys

John Rizzo Up North Elder Law, PLC

I would need further information to answer your question. The two most important questions are (1) how was the stock titled, and (2) was there a beneficiary designation on the stock? Either way, I don't think the broker is pointing you to the correct procedure. If the stock is titled in the trust name you would only need to give the broker a certificate of trust existence and authority. If it was in her name and there was a beneficiary designation, the broker would only need her death certificate and the beneficiary's information. If it was in her name with no beneficiary designation the stock would need to go through the full informal probate process. Informal probate is relatively easy to complete, but it will require much more in the way of forms and procedures.

Please let me know if you would like to discuss the matter in more detail.

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Answered on 5/21/18, 7:44 am
John Tatone John R. Tatone & Associates PLC

I agree with Mr. Rizzo. If you would prefer an attorney located in the southeastern Michigan region, please contact me to discuss your matter in more detail. It may be a simple process depending upon the specifics in this situation. please call 586-580-8850

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Answered on 5/21/18, 11:02 am


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