MCR 5.113(A) has been amended. The court rule amendment recently adopted by the Michigan Supreme Court, effective May 1, 2019, requires that the actual Supreme Court Administrative Office (SCAO) form, if one exists, must be filed with the probate courts. Previously, documents “substantially in the form approved by the...
Articles
Michigan Now Regulates Deed Solicitation
As of July 11, 2016, soliciting a fee for providing a copy of deed is a now regulated activity in the State of Michigan and carries civil penalties for noncompliance. The new law is known as the “Solicitation of Deeds Act. A previous article provides background into what...
Register of Deeds Recording Fees Increasing October 1, 2016
Effective October 1, 2016, pursuant to Public Act 224 of 2016 which amended Public Act 236 of 1961, the fee for recording a document with any county Register of Deeds will increase from the current fee of $14.00 plus $3.00 for each additional page to $30.00 flat fee (inclusive...
Appeals Court Upholds Exempt Property Allowance, Defeating Disinheritance Provision in Will
A recent decision by the Michigan Court of Appeals is making waves in the probate and estate planning community. In a self-proclaimed issue of first impression, the Court in In re Estate of (Shelby Jean) Jajuga upheld a sole surviving, disinherited child’s claim to exempt property in her...
Legacy Contacts and Digital Assets
You have spent years building your digital self. So what happens to that digital self when you die? Your Digital Self People tend to think of assets as physical possession, such as real estate and cars; or in terms of money, whether it be bank accounts, stock, etc. In...
Now Offering Probate & Estates Mediation Services
Roth Law is pleased to announce that Attorney Gregory J. Roth is now offering his services as a probate & estates mediator. Mr. Roth brings his extensive experience in probate & estates law to the mediation table. As an alternative to often protracted and expensive litigation, mediation can benefit...
Document Retrieval Services: Scam or Convenience?
You receive an official-looking and urgent letter in the mail stating that you need to obtain a certified copy of the deed to your house in order to protect yourself and that the company sending the letter can help. This needs to be done immediately, so drop what you...
Recording Letters of Conservatorship
In Michigan, appointment as conservator legally vests the conservator with title to all of the protected individual’s assets or those assets specified by the court (if less than all assets). The former is a full conservatorship; the latter, a limited conservatorship. Letters of Conservatorship, as generated by the court,...
Michigan Guardians May Now Execute DNR Orders
On November 5, 2013, Michigan Governor Rick Snyder signed into law Public Acts 155, 156 and 157 of 2013 giving a legal guardian the power to execute a Do-Not-Resuscitate (DNR) order on behalf of the guardian’s ward. The Acts amend the Michigan Do-Not-Resuscitate Procedures Act (enacted in 1996), the...
Guardianship and Conservatorship Training, for Free!
So you have been appointed as guardian for an individual or as conservator over their estate (finances). Now what do you do? As a fiduciary, you are responsible for the best interests of the ward and for complying with state and local requirements. Doing the wrong thing, or even...