Legal Question in Wills and Trusts in Michigan

My Mother passed away and left a will stating the home should be sold and the funds divided equally amonst all my brothers and sisters. One sister had P.O.A and prior to death, my Mom signed a "Quit Claim Deed" over to my sister so it wouldn't have to go through "Probate." Now the home has sold and my sister has kept all the money. Is this legal?


Asked on 1/16/12, 1:03 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Technically, it is legal. She created the will, left it in place, and then decided to quit claim the house to one sister. Now I assume your mom actually signed it as opposed to your sister signing it as POA. That would be presumed fraud. Otherwise if mom actually signed, you would have to argue undue influence or mental capacity (ie- didnt have the mental capacity to know what she was doing).

I would be happy to discuss the matter with you in detail. Contact me at kliszlaw.com to discuss. Tim Klisz

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Answered on 1/16/12, 1:46 pm


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