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


Asked on 4/10/06, 12:16 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

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

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Answered on 4/10/06, 7:45 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

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.

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Answered on 4/10/06, 3:40 pm


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