Michigan Estate Planning Legal Questions

Unless you don't trust your aunt- the executor - there is no need to get an attorney. That said, almost everyone who is cheated is cheated by someone they trust. The executor will file the will and ask her sisters and you to waive contesting the will and her appointment as executor. If everyone signs these it speeds up the process by a month. The main problem is the probate court has no way of knowing that your grandfather has no debts - and he probably owes healthcare providers for his final illness, the funeral home, and utility bills. These people have 6 months to submit their bills. What I generally recommend is to set aside a reasonable amount to pay any bills that come in and distribute the rest early. Now, that's not so easy if grandfather owned a house. Generally takes a while to sell a house.... Read More

The POA terminates upon death. The agent under the POA has no right to authorize release of the medical records. The ONLY way to do this now is to open a probate estate. The Personal Representative can obtain or order the release of the medical records. The agent under the POA cannot do anything.... Read More

You have a very strange situation on your hands. If the son did not know if he was agent or not, I do not know who would know. It is possible that the nursing home was mistaken in their assessment of the situation. It is possible that they believed the POA to be in effect, when it was not. Normally, the agent would have copies of the doctor's statements, and copies might be provided to anyone relying on the POA.... Read More

Yes. What has occurred is called a fraudulent conveyance. A transfer of property for less than full & fair consideration while the transferor is indebted to creditors is a fraudulent conveyance that the creditors can request be set aside. Whether the creditors will do that or not is unknown, but they have the right to do so.... Read More

In California, if the property is valued over $150,000.00 a court probate proceeding is required unless you were on title with her as joint tenants with the right of survivorship. If you are a surviving joint tenant, you need only prepare and record an Affidavit- Death of Joint Tenant. If the value is under $150,000.00, there is an expedited court procedure under Probate Code section 13150 et seq.... Read More