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AV Preeminent Peer Rated Attorneys
San Diego County Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Diego County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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  • 411 Camino Del Rio South, Suite 106, San Diego, CA 92108

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

The probate attorney is reducing commission agreed to before death of client. Should I seek legal services?

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Answered by attorney James P Frederick (Unclaimed Profile)
Estate Planning lawyer at Frederick & Frederick Attorneys at Law
I have no idea what you are talking about. Commission for what? Probate lawyers do not charge commissions. They charge legal fees for their services. There is no fee schedule in Michigan. A lawyer could charge $500, 1%, $10,000 or 20%. Whatever the client agrees to is what the fee would be. When you speak of listing agreements and extensions, you have lost me completely. Did the decedent sign an agreement to sell a house? Is the lawyer trying to change the terms of that agreement? If that is your case, then you have no obligation to agree to alter the terms.
I have no idea what you are talking about. Commission for what? Probate lawyers do not charge commissions. They charge legal fees for their services. There is no fee schedule in Michigan. A lawyer could charge $500, 1%, $10,000 or 20%. Whatever the client agrees to is what the fee would be. When you speak of listing agreements and extensions, you have lost me completely. Did the decedent sign an agreement to sell a house? Is the lawyer trying to change the terms of that agreement? If that is your case, then you have no obligation to agree to alter the terms.
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What would a show cause hearing be used for in someone's estate?

Randy M Lish
Answered by attorney Randy M Lish (Unclaimed Profile)
Estate Planning lawyer at Randy M. Lish, Attorney at Law
I have never had an order to show cause hearing in a probate matter. I think that the judge has some questions about what has been done, and wants the executor to present evidence showing why he or she should not be held in contempt for their conduct.
I have never had an order to show cause hearing in a probate matter. I think that the judge has some questions about what has been done, and wants the executor to present evidence showing why he or she should not be held in contempt for their conduct.
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How can my mom change title of condominium if it's under her and my brother's name and my brother passed away?

Answered by attorney James E. Reed
Estate Planning lawyer at Vandervoort, Christ & Fisher, P.C.
There are 2 types of concurrent ownership that would apply in this instance. One type is a tenancy in common the other is a joint tenancy. A tenancy in common is created by a deed conveying the property to "mother and brother" without anything more stated or to "mother and brother as tenants in common." If a tenancy in common was created, then your brother's estate owns an undivided 1/2 interest in the condo and probate of his estate will be necessary. The terms of his Will or the laws of Michigan (if he has no Will) will determine who will end up owning his 1/2. A joint tenancy is created by a deed conveying the property to "mother and brother as joint tenants with full rights of survivorship" or to "mother and brother as joint tenants." If a joint tenancy was created, then your mother now owns the entire fee title to the condo because she survived your brother. When she wants to convey her interest, all that needs to be done is to record a certified copy of your brother's death certificate.
There are 2 types of concurrent ownership that would apply in this instance. One type is a tenancy in common the other is a joint tenancy. A tenancy in common is created by a deed conveying the property to "mother and brother" without anything more stated or to "mother and brother as tenants in common." If a tenancy in common was created, then your brother's estate owns an undivided 1/2 interest in the condo and probate of his estate will be necessary. The terms of his Will or the laws of Michigan (if he has no Will) will determine who will end up owning his 1/2. A joint tenancy is created by a deed conveying the property to "mother and brother as joint tenants with full rights of survivorship" or to "mother and brother as joint tenants." If a joint tenancy was created, then your mother now owns the entire fee title to the condo because she survived your brother. When she wants to convey her interest, all that needs to be done is to record a certified copy of your brother's death certificate.
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