Legal Question in Wills and Trusts in Michigan
Heirs/ Probate
Hi,
My sister was in a horrible Motorcycle accident
9 years ago. She is unable to care for herself she lives in a care home. Injuries include Brain Damage.
She has one daughter and is divorced. She was riding
on the back of a motorcycle with her boyfriend who
received no injuries. She received a very large settlement due to her injuries. Her daughter allowed
the boyfriend to be her Guardian/Conservator for the past 8 years. The past year the daughter has taken
Guardian/Conservator over my sister. Since taking over she has done many repairs to the home she rents from my sister for 100.00 per month. She paids rent to the bank my sister's account. The 100.00 she paids by no means covers the expense of the house such as a new wooden fence, new windows, new electic thru-out the home. Also, my sisters and I were told by the boyfriend that we were listed as heirs in her probate file. After looking in the file only her daughter is listed as sole heir. Is there anything we can do about this? I know now we should have gotten a lawyer a long time ago. Please let me know.
Sincerely,
Pb
1 Answer from Attorneys
Re: Heirs/ Probate
You would not be an heir, in spite of what you were told, as her daughter is her only heir, by law. However, if you think her estate is being mishandled (and it sounds like the daughter is not handling the funds properly)you should notify the court. This has to be done by a Petition.
My office handles a lot of these matters, but I could not guarantee the court would reimburse you for the attorney fees spent. If you want to discuss the pros and cons of going forward, give me a call, however I will be in and out of town until March 6, 2002. Before then you can call and discuss it with my associate Randy.
Pat