Legal Question in Wills and Trusts in Michigan

I was in the process of getting power of Attorney and a will made for my father who could no longer handle his affairs due to an illness. The papers were drawn up but before he could sign he had a heart attack and is now on a ventilator. The doctors do not think he will make it. What can i do to make sure his estate does not go to the state of Michigan. Or how much time do we have before the state takes action. We currently have a lawyer but i need a second opinion


Asked on 10/07/10, 1:25 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

I am seriously wondering about the skills of your lawyer, or maybe you havent addressed this with them. The State of Michigan will never take the property of a resident who has heirs, period. You are the son and others are certainly heirs. If your attorney doesnt know this, get a new one. If you havent discussed this, please do. kliszlaw.com Tim Klisz

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Answered on 10/12/10, 1:36 pm
John Tatone John R. Tatone & Associates PLC

At this point, the power of attorney is probably not necessary. You are an heir of your father. The distribution amount will depend upon whether your father is married and how many siblings you have as well as the amount in your fathers estate. Please contact me to discuss the steps necessary to proceed with the probate process to distribute your father's estate when it is time. 888-988-LAWS (5297)

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Answered on 10/12/10, 4:46 pm


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