Legal Question in Wills and Trusts in Michigan

I have an issue with a family member and I owed my dad some money when he died. My sister is telling me that I have to pay it to the estate. My sister is telling me that I have to give it to her or I do not get anything that my dad left to us. The estate has to be divided four ways and then I pay it back out of that.


Asked on 4/05/11, 12:51 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Assuming she is correct and you do owe the money, it can be accounted for by agreement, or the Court can intervene. Essentially, your share of the estate is lowered by the amount you owe. If you would like to discuss further, contact me at kliszlaw.com. Tim Klisz

Read more
Answered on 4/05/11, 12:57 pm
Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

There is no reason why you should not be able to use a portion of your share to set off the money owed to your father. In fact if you paid it back you would receive back 25% of the loan amount. Therefore, by using your share you should receive an equal share less 75% of the loan amount which should go to your siblings. We specialize in these issues and type of law.

If you have any questions or wish to discuss further, please feel free to contact myself. Here is a little bit about my self:

My practice is limited to specializing in issues concerning disability, estate, long term care, nursing home, probate, Medicaid and special needs planning. I am the Chairman of the Board of Directors of the Alzheimer�s Association - Greater Michigan Chapter and member of the Association's executive committee; Member of National Academy of Elder Law Attorneys and have been listed since 1991 in the Academy's Experience Registry. Also I am the immediate past Chair of the Governing Council of the Elder Law and Disability Rights Section of the State Bar of Michigan. I am also a Charter Member of the Academy of Special Needs Planners and Member of the Financial and Estate Planning Council of Metropolitan Detroit. I was recently selected again (having been previously selected for 2009) for the year 2010 as a "Superlawyer" which designates that I am in the top 5% of lawyers in the country in my field. I am also an accredited attorney with the US Department of Veterans. Finally, in 2010 I was selected by Hour Detroit Magazine as 5 Star Wealth Manager in the area of estate planning and was recently selected again for 2011.

www.thecenterforelderlaw.com

Don Rosenberg

Read more
Answered on 4/05/11, 3:48 pm


Related Questions & Answers

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