Legal Question in Wills and Trusts in Michigan

My brother and Myself are on my Mothers trust as durable power of attorney and she can no longer make legal decisions because of health reasons. My Brother has permission to write checks and pay bills but, cannot move any of her CD,S without me being at the Bank. I live 200 miles away and My Brother I could sign off being in the Trust as a Power of Attorney. Would this be a big mistake in case my Brother had something happen to him before my Mother passed away. Thank for your advice


Asked on 7/23/10, 8:43 am

1 Answer from Attorneys
John Tatone John R. Tatone & Associates PLC

I would have to review the documents that you describe to give you advise. It sounds contrary to your mother's wishes, if she wanted both of you to move or cash out CD's. As long as there is enough funding for the bills, why does he need the ability to cash out CD's now? Please contact me to discuss in more detail at www.johntatone.com.

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Answered on 7/23/10, 12:00 pm


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