Comstock, MI Estate Planning Law Firms & Lawyers

You are in a tough position. Your father's Will could have said, "I leave every penny of my estate to my children and leave my spouse ZERO." If the assets were jointly titled with her, the spouse would get everything, in spite of the terms of the Will. That is because asset titles supersede Will provisions. Assuming the assets were titled in your father's name alone and not jointly, the Will could then apply. If the Will left nothing to the spouse, she could still elect to "take against it." That would give her a right to a substantial portion of the estate, perhaps all of it, depending on the value of the assets. So more information is needed before determining if you would have had a valid claim. A long time has passed, and that could also prove problematic. The bigger problem I believe, however, is that you may not have been entitled to anything in the first place, regardless of the Will provisions. You can check the title to real estate online, in most Michigan counties. It is also true that the spouse would not legally be able to access or do anything with the assets, if she were not a joint owner or beneficiary of them. If she has been using the assets, it is more likely than not that she is the owner, by virtue of your father's passing.

Your question is a bit vague. What is he taking money out for? The executor is generally required to follow the terms of the will. If the executor has done something wrong, petition the court to bring it to the court's attention.

You relinquished power to your mom. This is not an exempt grantor trust under the Internal Revenue Code. You need to get an EIN and file a separate US Fiduciary Income Tax Return. . I am sure that is not what you had in mind when you filled in the blanks of the do it yourself document. Seek professional advice concerning the document.