Legal Question in Wills and Trusts in Michigan
power of attorney and wills
I have complete power of attorney for all my mothers legal and otherwise matters. This was drawn up by a lawyer. My mother is concerned that the 3 other siblings could still sue for a portion of her assets, and she does not want them to get anything. Does she need a ''will'' to make sure they can not take anything, or does the complete power of attorney already give me the rights to keep everything?
Thanks very much for your help. Gwenda
2 Answers from Attorneys
Re: power of attorney and wills
The power of attorney has nothing to do with the transfer of property and will not accomplish what your mother wants. After seeing a lawyer and still not having a will makes me think that perhaps she is giving you a story and does not really want to disinherit the others. Any lawyer would have advised her accordingly. If she wants to leave the others nothing, she had better see a lawyer to make sure that it is done ight because if it is not done right, they will still inherit. William S. Stern
Re: power of attorney and wills
A power of attorney absolutely does not take the place of a will. Your mother should consult with an attorney about her wishes upon her death with respect to her property.