QUESTION
My sister has terminal cancer her husband keeps bringing an attorney telling her she has to sign papers turning everything over to him.
Asked on Oct 04th, 2011 on Trusts and Estates - Michigan
More details to this question:
they say she can have no witnesses for herself. He has power of att. why does she have to rush this, and can she have her own representation. She is very confused at times and lethargic as well. Sometimes she is very clear but not often. Please give me some advice.
1 ANSWER
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Your sister does not have to do anything as far as passing assets during her lifetime. If she chooses, she can die intestate, which mean without a will. If this is the case, her husband is entitled to all joint property and a certain amount of her estate under EPIC (the Michigan estate code).
Also, if she is signing papers that were drafted by an attorney, more often than not witnesses will be needed. A holographic will is an unwitnessed document drafted by your sister outlining her wishes and will be considered by the Probate Court when distributing her estate.
Answered on Oct 11th, 2011 at 2:02 PM