Kenockee, MI Estate Planning Law Firms & Lawyers

If you make a specific bequest of an asset and the asset secures a debt (like a house and mortgage) the debt stays with the property. Your daughter will not personally be responsible for the debt but the debt will remain on the property and if not paid the lender will foreclose on the property. If the asset is in the estate then the asset will be sold and the indebtedness that is secured by the asset will be sold. The remainder, if any, will be distributed as directed in the Will.

You should understand some things about the process of interdiction. The person seeking the interdiction (your uncle) has to file a petition in district court an have it served on the person to be interdicted (your father). Notices must be sent to all "interested persons." That includes your father's wife and all of his adult children. Your father can retain an attorney to represent him in the interdiction. If he does not, the court will appoint an attorney to represent him. When the interdiction is set for trial, the person seeking interdiction must prove by clear medical evidence that your father is mentally incompetent to care for himself. The attorney representing your father will call witnesses (you and your siblings) to testify that your father, although impaired, is capable of making his own decisions. It is a difficult and expensive process to have someone interdicted.

Without reviewing the pleadings if this is a probate or the trust if this is a trust matter it is next to impossible to advise you. You should sit down with an attorney who can review all of the paperwork. Best of luck to you.