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John Joseph Rizzo III
Up North Elder Law, PLC
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Claimed Lawyer ProfileQ&A
Practice Areas
- Elder Law
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Social Security Disability
- Military Law
- Veteran's Benefits
Jurisdictions Admitted to Practice
- Michigan
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- 6th Circuit
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Professional Experience
- Owner and Elder Law Attorney
- Up North Elder Law, PLC
- - Current
- Elder Law Attorney
- Swogger, Bruce & Millar Law Firm, P.C.
- - Current
- Legal Counsel
- Bay Area Caskets, LLC
- - Current
- Owner
- Rizzo & Associates, PLC
- -
- Associate Attorney
- Dingeman, Dancer & Christopherson, PLC
- -
Education
- University of Detroit Mercy School of Law
- J.D. (1998)
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- Emory University School of Law
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- University of Miami
- B.A. (1995) | Political Science
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Professional Associations
- State Bar of Michigan # P58946
- Member
- Current
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- Grand Traverse-Leelanau-Antrim Bar Association
- Current
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Legal Answers
22 Questions Answered
- Q. Is there any way to know if a loved ones will was put through will contest and then found to be invalid?
- A: You should contact the probate court for the county the loved one lived in when they passed away. If there was a will contest it would be in the court records. If you are not sure of the county, you can call other counties in the area and any counties where the loved one used to live.
There is no universal database; it takes some investigation. If a will was found invalid, one probate court will have the records.
- Q. My brother is moms legal conservator and I am her legal guardian. She has an old will. Will we avoid probate or no?
- A: Generally, a will does not avoid probate. Many different factors can determine if a probate is needed, or not. For example, does she own real property? If she does, how is it titled? If she owns real property that is only in her name, you will need to probate her estate. If she does not own real property, and all her bank accounts and investments have beneficiary designations, there would most likely be no need for a probate, regardless of the status of the will.
You should contact a Michigan estate planning attorney for a free consultation. Your question should be easy to answer with a little more information.
- Q. My dad recently passed away, my brother has access to all paperwork and says there was no will, how do I know the truth?
- A: If your father used an attorney or firm, you may be able to get information about any documents. Sometimes you can track down an attorney through passing comments, business cards, branded sticky notes, etc. The same advice would work for the IRAs, you would be looking for any mention of a financial planner or insurance salesman. Tax preparers are also a good source of information.
You can check with the probate court for any counties he resided in on the off chance he filed a will.
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