Legal Question in Wills and Trusts in Michigan

Interest In Estate Proceeds

Where personal rep. sold deceased mothers home to sister for $25,000.00 and the terms and agreement were that she paid all taxes that were due and utilities when she bought the house,and that she would take $5,000.00 out of the sale from the house for herself and the remaining $20,000.00 was to be split amoungst the 2 remainings heirs. can she come back and ask to be reimbursed of taxes and utilities after the sale is final? mcr 3.403(D)3 says the proceeds must be divided among the parties whose rights and interest have been sold.Also she says she want to make my aunt her poa to take care of this. I can't find the law on that, that says she can't do that. the only thing left in the estate is the money from the sale and we're getting ready for final distribution.


Asked on 12/07/02, 1:12 pm

1 Answer from Attorneys
Patricia Prince Patricia Gormely Prince, P.C.

Re: Interest In Estate Proceeds

If there was a binding written agreement among the parties involved (the Estate and the Beneficiaries) then the sister should not be able to change the terms of that agreement after the fact. MCR 3.403(D)3 does not apply to this situation. That particular Court Rule applies when land is partitioned. I am not aware of a procedure that would allow someone to grant another person a power of attorney to appear in Court on their behalf.

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Answered on 12/15/02, 10:19 pm


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