Legal Question in Wills and Trusts in Michigan
childrens rights
my father married a women 2wks before he died of cancer while in the hospital he signed all his accounts over to her also 2days prior to his death she required a quick claim deed on his property .can this stand up in court since he was on medication at the time .they were married and 1 day later he was in the hospital.what are my recourses if any thank you.
1 Answer from Attorneys
Re: childrens rights
The events you describe certainly sound suspicious. Still, the mere fact that your father was on medication and in the hospital will not necessarily negate the actions he took with regard to the accounts and real property. The question is whether your father had the requisite legal capacity to act as he did. Even if he did, the actions might be void if he was unduly influenced. In any event, lack of capacity and undue influence are valid ways to attack transfers of property, but each presents difficulties. Also, if your father died without a Will, then it is possible that his children are entitled to a portion of his assets. Please contact Pat Prince or Shaheen Imami if you would like to look into this matter further.
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