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How long a probated Will be valid if the property was under litigation
27-Aug-2023 (In Property Law)
88 property went for sale agreement, not completed , income tax take over, stay order by prospective buyer, got released by S C in 90's ,property in possession of the owner , back in litigation with buyer.Owner a widow expired in '97, Will probated, titles not changed, 6 inheritors of which one is Will executor, 3 living in the house , all six become legal representatives to continue the litigation on same line. Only son,1/2 owner a US citizen leaving the responsibility to continue the litigation, maintaining house to sisters.SC verdict in 2012 in our favor. Is the Will still valid?
yes the Will is still valid if the verdict is in your favour passed by the Hon'ble Supreme Court.
What is the Probate Court?
The Probate Court is a Michigan state court that operates at the county level with Probate Judges who are elected in non-partisan elections for six-year terms. Almost every county in Michigan has its own probate court.
What types of cases are heard in Probate Court?
The probate court is a special court that deals with only certain types of cases about: (1) estates and trusts; (2) protection of minors and incapacitated adults (called Guardianships and Conservatorships); and (3) commitment of the mentally ill.
Depending on the claim and underlying facts, sometimes the Probate Court is the only court that can hear the claim, while other times the Probate Court has the option of ruling on the claim as well as another court (e.g. Circuit Court).
What is probate litigation?
When a legal dispute arises in probate court, is it often referred to as “probate litigation.”
When a person dies, is the Probate Court always involved to transfer assets?
Not always. It depends on what type of assets the person left behind. The probate court’s involvement is only necessary when the decedent leaves “probate assets,” meaning, property in the decedent’s name alone.
Can a decision made by the probate court judge be appealed?
Yes. Parties in probate litigation have the right to appeal the decision within 21 days after entry of a final Order. Depending on the type of claim involved, the appeal will be directed to either the Circuit Court for the same county or to the Michigan Court of Appeals.
What is an “interested person”?
This is a term used in Probate Court which means a person who has an interest in the case, and who entitled to participate in the case if desired.
What is the Probate Court?
The Probate Court is a Michigan state court that operates at the county level with Probate Judges who are elected in non-partisan elections for six-year terms. Almost every county in Michigan has its own probate court.
What types of cases are heard in Probate Court?
The probate court is a special court that deals with only certain types of cases about: (1) estates and trusts; (2) protection of minors and incapacitated adults (called Guardianships and Conservatorships); and (3) commitment of the mentally ill.
Depending on the claim and underlying facts, sometimes the Probate Court is the only court that can hear the claim, while other times the Probate Court has the option of ruling on the claim as well as another court (e.g. Circuit Court).
What is probate litigation?
When a legal dispute arises in probate court, is it often referred to as “probate litigation.”
When a person dies, is the Probate Court always involved to transfer assets?
Not always. It depends on what type of assets the person left behind. The probate court’s involvement is only necessary when the decedent leaves “probate assets,” meaning, property in the decedent’s name alone.
Can a decision made by the probate court judge be appealed?
Yes. Parties in probate litigation have the right to appeal the decision within 21 days after entry of a final Order. Depending on the type of claim involved, the appeal will be directed to either the Circuit Court for the same county or to the Michigan Court of Appeals.
What is an “interested person”?
This is a term used in Probate Court which means a person who has an interest in the case, and who entitled to participate in the case if desired.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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