Legal Question in Wills and Trusts in Michigan

I am writing on bvehalf of my sister-in-law. Her father died a couple of weeks ago, her mother has been diagnosed with severe alzheimer and she 'cares' for a live-in aunt in her early 90s. In all 3 of their living wills, she is the sole beneficiary (and both state her sister should gain nothing). She is on the title to her mother's house (and I believe her great aunt's house too). Once she obtains the required '2 letters from separate doctors confirming her mother is incapacited, she will be full & sole Guardian of the Trust/Estate. Recenly her estranged sister moved into her mother's house and her family moved into the aunt's house. They have moved more than 1/2 of their things out of the houses and have turned her mother against her (in just a few short weeks, which is easily done when they have dementia).

She has reason to believe her sister is going to the bank(s) and changing her mother's accounts - most likely with mother's signature since the bank is not aware of her condition. She came to me because I recently went through this with my mother and I suggested she 1) contact the attorney who wrote the trust for immediate guidance and if possible obtain a TRO against her sister and 2) contact the bank(s) providing a copy of the trust/will requesting that an alert be placed on the account(s).

Her primary goal is to freeze her mother/aunt's assets until she can obtain the 2 required letters, so that she can make sure her sister does not liquidate everything and leave her mother and aunt without the funds required for their obvious future care. She has to move fast. What else can she do? She lives in CA but her mother/aunt is in MI.

Please help. Thank you.


Asked on 2/13/10, 6:52 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

She needs to hire local counsel immediately. Where do the mother and aunt live in MIchigan. I can help. Visit me at www.kliszlaw.com to discuss the next steps. Tim Klisz

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Answered on 2/18/10, 8:07 pm
Stuart Collis Collis, Griffor & Hendra, PC

Sounds like sound advice. Now she needs an attorney. http://www.wolverinelaw.com

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Answered on 2/20/10, 6:35 am


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