Legal Question in Wills and Trusts in Michigan

Wills

Can a guardian or conservator change the existing will of their charge or create a new will on behalf of their charge?


Asked on 5/02/07, 12:26 am

1 Answer from Attorneys
Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: Wills

No. However, the Guardian or Conservator could Petition the Probate Court seeking an Order allowing the creation of a Trust to accomplish some of the same purposes. To prevail, at a minimum, you would have to provide evidence to the Court that the changes to the Ward's planning is in his / her best interest and is consistent with what they would do on their own if they could.

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Answered on 5/02/07, 7:32 am


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