Legal Question in Wills and Trusts in Michigan
am I able to go through probate to get my brothers account and not be held responsable for his debts in Lansing
Asked on 4/25/11, 5:13 pm
2 Answers from Attorneys
Glenn Matecun
Matecun, Thomas & Olson, PLC
The "estate" is responsible for your brother's debts. The "estate" includes his bank account. So, depending on how much is in the account, creditors will have a claim against the money in his estate prior to the time you can distribute out to heirs. Note that there are some amounts that can be paid before money is available for creditors, but your question does not contain enough facts to advise you. You should take a few minutes and talk with a probate attorney.
Answered on 4/25/11, 6:05 pm
Timothy Klisz
Klisz Law Office, PLLC
You can always negotiate the debts once probate is opened, but you can't have one without dealing with the other. Visit kliszlaw.com to discuss. Tim Klisz
Answered on 4/25/11, 6:25 pm