Legal Question in Wills and Trusts in Michigan
Where to start?
My widowed mother-in-law is dying. She is the primary caregiver of a disabled adult child, and there is disability, the late husband's pension, SS and the family home involved. The 5 other adult children agree with mom's wishes that the disabled sister should get the home, and another sister will become primary caregiver and live in the home. As far as the family knows, mom does not have any legal arrangements currently in place, but mom won't discuss any of this as it upsets her. How do we find out what provisions are already in place and what documents the family should have in place to ensure that all mom's wishes, as well as all the financial aspects, are taken care of without legal complications?
1 Answer from Attorneys
Re: Where to start?
It is difficult for an individual to deal with death while they are still living. It is even more difficult when an individual is later in life and/or sick.
If your mother-in-law is still legally competent your best solution would be to have a last will and testament along with a trust draft immediately to insure her wishes are followed. Furthermore, a will & trust will provide the least legal complications.
Without your mother-in-law drafting a will and trust her entire estate would need to be probated. It is easier to probate an estate where the family agrees, however, distribution would typically be based on statute and not necessarily an individuals wishes.
You as a family must explain to her the necessity of setting up a proper estate plan especially under the circumstances of the continued care of a disable adult child.
You need a qualified attorney who specializes in Estate Planning. It would be our pleasure to assist you anyway we can. Please feel free to contact us directly, and good luck.
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