QUESTION
Do I have any rights over my mother’s estate if my father is incarcerated but he gave me, his daughter, power of attorney?
Asked on Jan 22nd, 2015 on Estate Planning - Michigan
More details to this question:
My mother passed away 2 months later and did not have a will.
4 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes, you may have rights. However they are hard to quantify and potentially very hard to enforce.. I believe, but am not sure, that your father inherited 100% of your mother's assets since she was married to your father at the time of her death (assuming you are the ONLY child and are the child of the marriage) The problem is that your dad's creditors could claim it all... AND those creditors include the state since he is in jail.
Answered on Jan 27th, 2015 at 5:20 PM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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Sure. But you are going to be a lawyers help.
Answered on Jan 26th, 2015 at 12:20 PM
Yes and no. The question does not provide enough information to give a complete answer. In this situation you should consult with a local probate attorney to address your question.
Answered on Jan 26th, 2015 at 12:11 PM
If you are asking if you are entitled to receive anything from your mother's estate, the answer depends on the size of her estate. Generally, unless her estate is greater than $60,000, you father is entitled to everything as the surviving spouse. He might be able to disclaim his interest (because the State will likely take it all to pay for his room and board), but I'm not sure. You need to consult with an attorney about the details.
Answered on Jan 26th, 2015 at 12:10 PM