What Happens to a Wrongful Death Claim During Probate?

Losing a loved one due to someone else's negligence is a devastating experience. In addition to the emotional toll, many families are surprised to learn that any wrongful death claim must be handled through the deceased’s probate estate—regardless of whether the individual had a Will or a Trust.

The first step is to open a probate estate in the appropriate court, usually where the person lived at the time of death. A personal representative is then appointed to handle all legal matters on behalf of the estate, including pursuing or settling a wrongful death claim.

Even when a settlement is reached outside of court, the probate court must approve the terms before any compensation can be distributed. This includes submitting a petition detailing who is entitled to compensation, their relationship to the deceased, and related expenses like funeral costs or medical bills.

Learn more on how to navigate wrongful death claims here.

Navigating these legal steps while grieving can feel overwhelming. That’s why our Ann Arbor probate litigation lawyers at Pear Sperling Eggan & Daniels, P.C. are here to help. We provide compassionate, knowledgeable support to families throughout every stage of a wrongful death claim.

Understanding Michigan’s Probate Inventory Fees

If you’re handling the administration of a decedent’s estate in Michigan, understanding inventory fees is crucial.

Under MCL 600.871(1), probate courts are required to assess an inventory fee based on the estate's value as of the decedent’s date of death. The good news? For decedents with a date of death on or after March 28, 2013, certain deductions for real estate liens may apply.

 

Here’s a breakdown of the fees:

• Estates under $1,000: $5.00 plus 1% of the amount over $500.
• Estates between $1,000 and $3,000: $25.00.
• Estates $3,000 and above: Fees scale incrementally, based on the estate’s value.

 

Need help? Consult with a probate lawyer in Ann Arbor to ensure compliance and ease the process. Learn more and calculate your fees here..

Simplify Probate Fees with the Michigan Inventory Fee Calculator

Navigating probate court can feel overwhelming, but calculating inventory fees shouldn’t add to the stress. That’s why the Michigan Inventory Fee Calculator is here to help.

With this simple tool, you can quickly determine the probate court inventory fee for a decedent’s estate in Michigan. All you need is the total inventory value from your completed Petition and Order for Assignment or Inventory.

 

Why It’s Important

Michigan law, under MCL 600.871(1), requires the probate court to charge an inventory fee as part of estate administration. This fee varies based on the estate's value and must be paid before the estate can be closed.

 

Ready to calculate your fees? Follow this link to the Inventory Fee Calculator.

 

Need Legal Advice?

 

While it's possible to handle probate matters on your own, it's worthwhile to consult with a probate lawyer in Ann Arbor first. Probate proceedings can be complex, and a knowledgeable attorney can help you understand your rights and protect your interests.   

Key Factors to Consider When Selecting a Lawyer

1. Do they offer a free consultation? Many lawyers will not charge for an initial consultation. Make an appointment to explain
your issue and see if you feel comfortable with the lawyer or lawyers you’ll be working with. A good connection is crucial for success. Ask potential lawyers questions to determine your compatibility.

2. What does the lawyer charge per hour, and how do they handle fees? How big is the firm? Will other lawyers be working on your case? What does the firms staffing situation look like? Can other employees work on your file at a discounted rate, saving you money?

3. What are your expectations? Make sure you discuss your expectations with your attorney so you can avoid any miscommunication. Ask if they have time to take on your case immediately and if they have time to devote to it. How much communication are you expecting to receive from your lawyer? Is your case civil, where frequent contact is required? Do you prefer phone calls or emails? You and your lawyer should have a mutual understanding of what communication will look like throughout your case.

4. Ask questions. Lawyers understand making this choice is significant, financially and often emotionally. They should be willing to work with you to help meet your needs and determine what actions will lead to a positive outcome.

Learn more about things you should consider when choosing a lawyer here.

Get Started Today: Schedule Your Consultation!

For more information or to speak with us about your legal issue, please contact our attorneys in Ann Arbor at 734-665-4441. To learn more about Pear Sperling Eggan & Daniels, P.C., or any of our attorneys, please visit learn more about us here.

What to Consider when Choosing a Lawyer

Choosing the right lawyer for your situation and needs is extremely important. You may be asking yourself, “What kinds of things should I consider?”

Whether you’re looking for help dealing with a legal issue, estate planning, going through a divorce or starting a business, here are some key factors to consider when selecting a lawyer:

1.     Location- One of the first things to consider is location. Where is the firm’s located?

2.     Do your research! Go online. Talk to your friends and neighbors and ask who they’d recommend. Most people have to interact with the law at one time or another so maybe they have a recommendation. Ask people in your area who they’ve used and liked. Look at ratings on Google. Reputation matters!

3.     Look for areas of law or specialty. Lawyers usually have a primary area of focus like estate planning, civil litigation, and domestic relations matters. Ensure you retain an attorney who understands your situation's legal process and is an expert in that particular area of law. 

4.     Short-term or Long term representation – Do you need a lawyer on retainer? Do you have a short-term lawsuit? You need to determine whether you need continuing or short-term representation. Drafting documents involves a few interactions with a lawyer, whereas a civil suit can require years of contact.

Learn more about things you should consider when choosing a lawyer here.

Get Started Today: Schedule Your Consultation!

For more information or to speak with us about your legal issue, please contact our attorneys in Ann Arbor at 734-665-4441. To learn more about Pear Sperling Eggan & Daniels, P.C., or any of our attorneys, please visit learn more about us here.

Recent Revisions to Michigan’s Discovery Rules in Civil Cases Also Impact Probate Proceedings

The hallmark of the new rules is the implementation of “initial disclosures” shortly after the commencement of a case. Parties in a civil case must disclose the factual basis of their claim of defense, the legal theories on which they rely for their case, possible witnesses or the identity of people with discoverable information, their computation of damages, and the location or types of documents in their possession that are relevant to the case. All of the above-information must be produced by a party early in a civil lawsuit even without being asked. 

Learn more about the recent revisions to Michigan’s discovery rules in civil cases here.

Get Started Today: Schedule Your Consultation!

If you’re interested in learning more about how the new revisions affect your case, please contact a probate lawyer in Ann Arbor at 734-665-4441.

Before You File a Petition in Probate Court, Learn About The Recent Revisions to Michigan’s Discovery Rules

Effective January 1, 2020, litigation in Michigan’s state courts underwent extensive changes because of revisions to Michigan Court Rules pertaining to civil discovery. These changes overhauled the discovery process in Michigan making it similar to the procedures in federal court. Some of these changes impact probate litigation and should be considered part of the overall strategy before filing a petition in probate court to initiate a probate proceeding. 

Learn more about the recent revisions to Michigan’s discovery rules in civil cases here.

Get Started Today: Schedule Your Consultation!

If you’re interested in learning more about how the new revisions affect your case, please contact a probate lawyer in Ann Arbor at 734-665-4441.

Protect Your Hard Work with a Trademark

Sometimes it takes a lot of time and resources to develop a unique and successful advertising scheme. Whether your business is best known for its name, logo, or catchy phrase, a business should safeguard its hard work and intellectual property. 

Have questions about your trademark rights? What does this mean for your business? Contact PSED, schedule an initial consultation with a business attorney in Ann Arbor! 734-665-4441

What Happens to Surplus Proceeds from Foreclosure Sale?

On July 17, 2020, the Michigan Supreme Court issued an important decision in Rafaeli, LLC and Andre Ohanessian v. Oakland County and Andrew Meisner that will impact county budgets and tax-foreclosure protocols.

In the case, Plaintiff Rafaeli owed $8.41 in unpaid property taxes from 2011, which grew to $285.81 after interest, penalties, and fees. Oakland County and its treasurer foreclosed on Rafaeli’s property for the delinquency, sold the property at public auction for $24,500, and retained all the sale proceeds in excess of the taxes, interest, penalties and fees. Plaintiff Ohanessian owed approximately $6,000 in unpaid taxes, interest, penalties, and fees from 2011. Like Rafaeli’s property, defendants foreclosed on Ohanessian’s property for the delinquency, sold his property at auction for $82,000, and retained all the proceeds. Plaintiffs claimed that the defendants’ retention of the surplus proceeds constituted a taking of their properties without payment of just compensation as required by Michigan’s Constitution. They filed a lawsuit and asserted a claim referred to as “inverse condemnation” against the defendants.

Find out how the court ruled in this particular case here!

Have questions about your rights? Contact PSED, to real estate lawyers in Ann Arbor schedule an initial consultation! 734-665-4441

Michigan Supreme Court Rules That Oakland County Treasurer Cannot Retain Surplus Proceeds From Tax-Foreclosure Sale

On July 17, 2020, the Michigan Supreme Court issued an important decision in Rafaeli, LLC and Andre Ohanessian v. Oakland County and Andrew Meisner that will impact county budgets and tax-foreclosure protocols. In a detailed opinion by Justice Zahara joined by 5 other justices (Justice Viviano wrote a separate concurring opinion), the court unanimously ruled that Oakland County unlawfully retained the surplus proceeds from the tax-foreclosure sale of plaintiffs’ properties that exceeded the amount they owed in unpaid delinquent taxes, interest, penalties and fees. The court found that defendants’ retention of those surplus proceeds is an unconstitutional taking without just compensation under Article 10, Section 2 of the 1963 Michigan Constitution (referred to as the “Takings Clause”).

Learn more here!

Have questions about your rights? Contact an experienced real estate lawyer in Ann Arbor to schedule an initial consultation! 734-665-4441

What Are the Payroll Protection Program Loan Forgiveness Rules?

The Application confirms the public rules on PPP forgiveness. Loan forgiveness depends on how the loan proceeds are spent over an 8-week period. To qualify for forgiveness of the entire PPP loan, at least 75% of it must be spent on payroll, while up to the remaining 25% of it must be spent on mortgage interest, rent, and utility payments incurred before February 15, 2020.

Read more here!

Have Questions About the Payroll Protection Program?

If you have questions about the Payroll Protections Program legislation, or need advice about your business, please contact us today at (734) 665-4441. 

Can I Disinherit My Spouse?

In Michigan, you’re not able to disinherit your spouse by omitting to provide for him or her in your will or by including an explicit statement in your will that your spouse is not to receive anything from your estate. The law in Michigan provides a surviving spouse in a testate proceeding (one with a will of the deceased spouse admitted to probate by the Court) with the right to elect a share of the estate of his or her spouse even if the will says the spouse is not to receive anything.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about estate planning in Ann Arbor, contact us today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. Consult Marty Bodnar for details.

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorney for estate planning in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

Can I Disinherit My Spouse by Leaving the Spouse Out of My Will?

Our clients raise this question for various reasons. They could be inquiring because they are not getting along and don’t want their spouse to receive anything from their estate when they pass away. It could be that the parties have a pre-nuptial agreement or a financial plan in place that the client wants to make certain is not subject to change by the spouse after the client dies. It could also be a blended family with each spouse wanting to give all of his or her assets to his or her family and not to the family of the spouse. Or it could be that one or both parties are facing long-term care expenses and it’s not their intention to provide additional assets to a surviving spouse that may disqualify them from entitlements or Medicaid assistance.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about  estate planning in Ann Arbor, contact Marty Bodnar at PSED today! Schedule an initial consultation. 734-665-4441

Michigan Revises Discovery Rules

Depositions, currently unlimited in duration, will be limited to one day of seven hours. Can you imagine having to sit though an unproductive 8-hour deposition, only to have the opposing party come back and ask for another 8-hour day? This is a welcome change!

Learn more here about the changes the Michigan Supreme Court adopted to the Rules of Civil Procedure.

Get Started Today: Schedule Your Consultation!

If you would like to learn more about civil law in Ann Arbor, contact Jeremy Kennedy at PSED today! Schedule an initial consultation. 734-665-4441

Should Your Home be Titled in the Trust Name or Your Name?

This is a question that is frequently asked by our clients while discussing their estate plan intentions and options. The answer is dependent on the facts of each case but, in general, there are good reasons to hold the title in the husband’s name and wife’s name, as husband and wife, rather than in their living trust name.

Get Started Today: Schedule Your Consultation!

If you would like to learn more about trusts and estate planning at PSED Law, contact us today! The attorneys at Pear, Sperling, Eggan, & Daniels, P.C., can help assist you with your case and with virtually everything law related. Consult your attorney for details.

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome for you. Contact our estate planning attorney in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

Employment Attorney in Ann Arbor Helps Workers Fight Harassment in the Workplace

Do you feel targeted by your boss?

Are you being harassed at work?

Are you afraid to go to work and lose your job because of harassment?

Workplace harassment occurs in many forms. Some of the most common types occur because the employee is targeted by his boss or supervisor because of his or her sex, sexual identity, race, age, national origin or disability. 

If you’ve been harassed at work, you should talk to an experienced employment attorney in Ann Arbor today about your concerns. If someone is harassing you at work, at very least you should know your rights.

Get Started Today: Schedule Your Consultation!

If you would like to learn more about harassment rights at PSED Law, contact us today! Attorneys at Pear, Sperling, Eggan, & Daniels, P.C., can help assist you with your case and everything in between. Consult your attorney for details.

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our employment attorney in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

Believe You Have Been Defamed? Learn Your Rights!

Do you think you have been defamed?

Are you hurt by comments someone said about you?

Has your reputation been ruined or resulted in loss of income? 

Under Michigan law, a statement must assert facts that are “provable as false” in order to be considered defamatory. This is, in part, nothing more than a different way of saying that truth is an absolute defense against libel – you cannot be defamed if what’s being said about you is true. It’s more than that, however, as a statement must allege something “provable” – the person publishing the allegedly defamatory statements must be alleging something is a fact, not simply their opinion. Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about defamation and civil litigation services at PSED Law, contact us today! Attorneys at Pear, Sperling, Eggan, & Daniels, P.C., can help assist you with civil litigation and everything in between. Consult your attorney for details.

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorneys for civil litigation in Ann Arbor today at (734) 665-4441 for a no obligation consultation.