Michigan Heirship or Descent Affidavit Questionnaire

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State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Probate is required in Michigan when the assets are solely owned. For example if someone passes away and they are the only owner on the property title of their home, then the home would need to pass through probate.

You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee). Then?and this is crucial?you must transfer ownership of your property to yourself as the trustee of the trust.

Last Will and Testament ? Simply put, a Last Will is a legal document which states someone's final wishes after they pass away. In Michigan, wills are typically required to go through probate with some exceptions (later discussed in the article).

Generally, property exceeding $15,000 has to go through probate, but the limit could change depending on the year the property owner died, as the dollar limit tends to fluctuate yearly. In 2023, property valued at $27,000 or less is considered a small estate.

Certain Deeds - certain types of deeds will avoid probate for real property. For example, Michigan allows Enhanced Life Estate Deeds, commonly known as ?Ladybird deeds,? to avoid probate.

Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent (PC 598) may be used to affirm the following: More than 28 days have passed since the death of the decedent. The estate does not include real property.

While spouses, then children, generally take precedence in Michigan inheritance law, there are some laws of succession should you die intestate without either of those heirs. For example, if you are unmarried without children and die intestate, your parents inherit your entire estate.

As part of the affidavit, the person filling out the paperwork, known as ?the affiant,? must provide certain information, including the deceased person's personal information, date of death, and a list of the deceased's property and debts. This document must be signed under oath, so honesty is paramount.

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Michigan Heirship or Descent Affidavit Questionnaire