Legal Question in Wills and Trusts in Michigan

Durable Power of Attuorney Versus Marrige license

My father now diagnosed with demetia wrote a durable power of attourney paper three years ago giving us, his children, complete control and athority of his assets and real estate and medical decisions. He has a wife. This wife signed a prenupt when they married the intent being she keeps her assets and my dad keeps his. Does she now have recourse to change this?


Asked on 9/09/06, 7:43 pm

1 Answer from Attorneys
Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: Durable Power of Attuorney Versus Marrige license

Did your father do any other estate palanning at the time he executed the power of attorney? Has he done any since? The prenuptial will also tell part of the story. Michigan law is generally very favorable to a spouse. However, the presumptions of spousal control and testamentary protections can be reduced if not overcome with good planning (if that is the intent). If your father still has enough residual competency he can help legally clarify his wishes. If not, then a Probate Court Protective Order can help accomplish the objective. I suggest you seek the speicific advise and counsel of an attorney skilled in these matters.

Read more
Answered on 9/10/06, 7:47 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Michigan