QUESTION
What are the rights as the only other sibling have?
Asked on Dec 20th, 2012 on Estate Planning - Michigan
More details to this question:
Mom died Monday. Out of state brother comes and is controlling EVERYTHING. Her property, possessions. She had no will, or power of Atty. He was her emergency contact on the lease at her senior apt. only.
6 ANSWERS
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Petition the Probate court to set up a conservatorship so the court can supervise her affairs.
Answered on Dec 30th, 2012 at 10:09 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am very sorry for your loss. As far as the apartment is concerned, the management MAY take the position that the contact information gives the sibling access to the apartment. This is not normal and it is not founded on any legal basis. Only a personal representative has control over estate assets. Your best course is likely to seek appointment from the probate court. At the very least, this will force the issue and force your brother into court to explain his actions.
Answered on Dec 23rd, 2012 at 7:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, his power of attorney became invalid at her death. All of her property is not in her estate.
Answered on Dec 21st, 2012 at 1:44 PM
If your mother has no will, you and your brother should share the estate equally. You will need probate. Consult with an attorney.
Answered on Dec 21st, 2012 at 1:04 PM
If there is no will, no trust agreement and no surviving spouse, the entire estate would pass equally among the decedent's children (except for those assets that she had already named beneficiaries for). Your mother's estate would be subject to probate. Either you or your brother can/should petition the court to be appointed as the personal representative of the estate. Only the person named as her personal representative by the probate court would be able to manage and administer her estate assets.
Answered on Dec 21st, 2012 at 1:04 PM
Probate and Estate Planning Attorney serving Harrison, MI
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David T. McAndrew, Attorney at Law
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He is assuming authority based upon his dominance. Power of Attorney, if any, is ineffective after death. The will nominates the personal representative, if she dies without a will, then any child, assuming Dad is deceased, can petition the probate court for appointment, and then take over the responsibilities of Mom's estate.
Answered on Dec 21st, 2012 at 1:03 PM