Legal Question in Wills and Trusts in Michigan

Will we avoid probate without a will? My mother has been hesitant to make an official will (she's written out her own drafts in the past). Since Dad passed away, we filed a Quit claim deed on the property with her name and mine. She has TOD on her investment account and beneficiaries on credit union accounts. And the vehicles are on both our names. She has no debts.

Asked on 10/29/18, 10:14 am

1 Answer from Attorneys

John Tatone John R. Tatone & Associates PLC

A will covers every asset that is not in joint names or has a beneficiary designation. I believe even with those bases covered, everyone needs a will. On more than one occasion, my clients' parents thought they had every thing in joint names only to find out that something was forgotten, the deceased parent was a beneficiary on someone else's trust/account or there was a car accident that killed the parent, which would have been covered by a will and must go through probate, but could not have been covered by the parent in another manner. Also, the will avoids the fighting about who is going to be in charge of the Estate if there is something to probate. If you would like to discuss this in more detail, please contact me at 586-580-8850 or [email protected]

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Answered on 10/30/18, 7:02 am

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