Legal Question in Wills and Trusts in Michigan

my father recently passed, he left a will wanting to insure the care of his second wife. (she has Alzheimers'). She has assets of her own, stocks, property, and oter investments. Is there anyway as executor of my father's estate that i can make sure her assets are used first, for her care and not my fathers?


Asked on 1/12/12, 8:55 pm

3 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Sorry for your loss. The best answer here would require a very careful reading of the will or trust that created this bequest. After that, a judge may have to decide the issue. I would be happy to discuss this matter with you free of charge. Contact me at kliszlaw.com to get started. Tim Klisz

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Answered on 1/13/12, 5:50 am
John Tatone John R. Tatone & Associates PLC

If the will indicates that your father's intent was that his assets are to be used as "back up" for his second wife after her assets are used for her care, that would be fine, however, if the will is not clear as to his intent, the safest way is to file a motion before the Court to have the issue decided. This will ensure you cannot be held responsible for the decision to use her assets first. Please contact me to discuss in more detail at www.johntatone.com or 888-988-LAWS(5297).

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Answered on 1/13/12, 6:17 am


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