Pittsburg, CA Estate Planning Law Firms & Lawyers

It *sounds like* the condo was set up as a "tenancy in common." That means that when any owner passes away, his or her share needs to go through probate. It would then pass to his or her heirs, under Michigan law, or according to the terms of his or her Will. This is unfortunate, under the circumstances of your case, as it sounds like your mother will need to pay for probate expenses that otherwise would not have been needed. If the title had read, "as joint tenants with rights of survivorship" or "as joint tenants and not as tenants in common," then your mother would not need to go through probate. Probate is the court process of giving someone legal authority to transfer title of a deceased person's assets, (in Michigan, we call them personal representatives; in other states, they are referred to as executors). I have a detailed description of the process on my website. You can also look at the website for the Oakland County Probate Court, as they have a very good pamphlet on what is involved.

You simply notify her IN WRITING that you withdraw the power of attorney Copy your bank, etc. and take her name off of everything.. If she continues you can charge her with theft..

See a lawyer ASAP. The answer depends on what your father's will said and if it was upheld. It also depends on what your mother's will says and if it is being probated. Don't waste time - I see it happen too often and it sounds like your brother will likely get nothing if your mother has a valid will that disinherits him. Speak with an attorney, don't waste your time on question and answer sites.