Legal Question in Wills and Trusts in Michigan
Hello, my name is Sami. My Grandfather passed away yesterday leaving my grandmother behind. My mother died 2 years ago so everything that was in her name goes to her children. So here is where the mess begins, my mother's brother is a scumbag who has been counting down the days of his own parents deaths so he can get his inheritance. He is lazy, thieving, deceitful, and everything else that is bad in the world. He is whipped by his wife who we suspect is abusing drugs as well as himself. My grandparents were in a horrible accident a year ago were left in a coma for a couple weeks, their "son" who was listed as having power of attorney in the event anything happened to them took advantage of their state and withdrew almost $60,000 dollars out of the trust fund my grandparents had started for the grandchildren. His name was on the account as my grandparents thought they could trust their own son, he used the money he stole to buy a new truck and other things. He has a track record of screwing my grandparents over in the past as they have bought him houses, vehicles, often cosigning for him and he would go into foreclosure due to making constant bad decisions and like I said earlier, we suspect he has a drug problem. My grandparents took him off the trust fund but he is still listed on the will as someone who will get a dividend of my grandparents farm once my grandmother passes. They have it set up to where he cant sell or do anything with the land without the permission of myself and my sister. However, all the family heirlooms and possessions which mean a lot more to me and my siblings than him are not titled on the will which means its up to us to sort it out among ourselves. The problem is, before my grandfather had even turned cold, this scumbag already started taking things belonging to my grandpa. We told my grandmother even though the timing may have not been the worse but we were worried because he has taken a lot of my grandfathers property and pawned it for money. She said she would talk to him but probably wont as she lets him get away with things. He has no feelings when it comes to pawning off family heirlooms or things that mean something to the family. My siblings and I are worried because he has now convinced my grandmother to buy him another house after everything he's done (hes extremely manipulative) and now our grandmother is mad at us for being against her son. Is there anything we can do legally to prevent this scumbag from taking items that belong to the family? My grandfather has a very valuable gun and coin collection as well as knives, tools, horse saddles, and photo albums that I would just die if this P.O.S. got a hold of and managed to pawn it all off for a few bucks. I don't have a copy of the will because my grandmother wont give it to me and because of my grandfather passing away only a day ago, I don't think its a good time to get into an argument or make her any more upset. She just doesn't understand that talking about this weeks or a month later does no good if her shitty son has already pawned the family's stuff off.
3 Answers from Attorneys
It is certainly the fact that these items are now your grandmothers and she can do with them what she pleases. Unless she is declared incompetent and a conservator is appointed, the looting can continue. Very tragic situation, but these are the facts of the case. Tim Klisz. Kliszlaw.com
Your Grandmother seems very sweet. Go to your grandmother and ask her if you can take the pictures to have copies made asap and any other items that mean alot to you and your siblings. Take pics of everything in the house and on the property when you have a chance. It is her property and if she wants to give it all away, she can. If she is legally incompetent, you can petition the court for guardianship/conservatorship to prevent your uncle from taking any more, Hopefully, with your pleading, she will give you anything that has sentimental value to you now, instead of when its too late. Everything else may be set off against your uncle's share of the farm if you can prove it exits now and he is takes and sells it. let me know if you need my help at www.johntatone.com
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