Legal Question in Wills and Trusts in Michigan
Outdated Will
My father made/filed his will when he was in his 30's. Now that he is 61 and health not doing well, my mother is trying to get her paperwork in order. My father made his uncle executor of his will. He won't go change it because he thinks this will cost him a lot of money to do. My mother is fearful of the cost after death to protest the will.
Since this will was prepared some 30yrs. ago, would it's contents still be upheld in the court of law?
What should they do to update this will?
1 Answer from Attorneys
Re: Outdated Will
Your dad would be better off spending the money now, as it will be MUCH more expensive for your mother, after he dies, if his estate is a mess.
We have had 2 significant changes in the law since your dad made his will. Was he married when he did the will? Were you born yet when he made the will? If the answer to either of those questions is no, then the law will reinterpret the will to some degree.
Does he still want his uncle to be the personal representative? Most spouses would resent that, and it is probably not necessary. (Is his uncle still alive?)
Your parents should see a lawyer to have their estate plan updated. This includes new wills, and a durable power of attorney for each and a medical power of attorney for each, at the very least.
If your dad is ill, and becomes disabled without the powers of attorney your mother will have to be appointed guardian to make his medical decisions, should he become unable to do so. She may also have to be appointed conservator to make financial decisions, if he cannot make them.
I have had to "fix" many bad estate plans, after the person has died. It always involves court action, and can get very expensive. So, advise your dad he is being penny wise and pound foolish.
We do a lot of estate planning at my firm, so we can help if you would like. Feel free to check out my website.
If you want an idea of the fees for wills (or depending on the size of the estae, trusts) either email me directly or call me at the office Monday.
Good luck. Parents can be stubborn.
Pat
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