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Stalley, [3] a Michigan lawyer relied on the official text of the Uniform Probate Code and failed to check the statute as it had been adopted in Florida. As a result, the lawyer missed a filing deadline on a $3,760,909.49 claim.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
Ancillary administration is "the administration of a decedent's estate in a state other than the one in which she lived, for the purpose of disposing of property she owned there." [ 1 ] Another definition is the "administration of an estate's asset's in another state."
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The disclaimer must be in writing and submitted to the court overseeing the disposition of the estate within a legally specified time period, which is usually nine months after the death of the person from whom the disclaiming party stands to inherit, or twelve months after the creation of a trust by a living person.
A special power of appointment allows the recipient to distribute the designated property among a specified group or class of people, not including donee, donee's estate, creditors of donee, or creditors of donee's estate. [2] For example, a testator might grant his brother the special power to distribute property among the testator's three ...
Mutual wills are rare, and often another form of constructive trust is imposed (See Healey v Browne [2002] 2 WTLR 849). It is also noted (see Carnwath J in Re Goodchild ibid ) that a mutual will is a technical legal device requiring an intention to form a binding agreement and that this often differs from the "loose moral obligation ...
After a Michigan Supreme Court ruling, here's how former property owners can make claims for profits from tax foreclosure sales. Thousands of former Michigan homeowners could claim profits of ...
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