Menominee, MI Estate Planning Law Firms & Lawyers

Powers of attorney automatically are rendered null and void upon death. The family home may pass to you and your sisters if (1) it is entirely owned by her and she (a) dies without a will and had no husband or (b) so provided in a will, trust or other transfer document.

If the will was properly created its terms must be followed. If your grandfather did not properly create the will then its terms have no enforceable meaning whatsoever though it may be a guide if consistent with the rules on descent and distribution. If the terms of the will were very specific in its description of particular property (legally described or addresses used) then the particular parcels of real estate can be easily deeded and distributed in kind as directed in the will. If the terms of the will divided property loosely by percentages, ratios or acreage then the process is more difficult. The property must be easily divisible and the values must be established by appraisal before the property can be distributed in kind. If it is not possible to easily divide all of the property into the proper shares under the terms of the will then it should be sold and the proceeds divided. This difficulty can be compounded if certain portions of the real estate are perceived as more desirable in ways that are not easily valued in an appraisal. To transfer the property to a group of legatees as tenants in common merely delays the difficult division process.