Pulaski County, GA Estate Planning Law Firms & Lawyers

Chances are, no - not entirely anyway. If son died without children and did not transfer title to the house to his wife and himself, then under Michigan's intestate succession laws, after certain allowances, the property in his estate would be divided one half to the wife and one half to the mother. Would probably require more assets than just the house in probate to make that happen. That's why you don't transfer property to children as a part of your estate plan - not unless you intend an outright gift and to give up control of the asset.

Unfortunately if she can not sign a Power of Attorney, then you will need to goto court and petition to be named as the conservator of her estate (and potentially the conservator of her person as well). Once appointed, you can access the funds in the bank.

This is a complicated issue, generally a spouse is entitled to the jointly held assets and a life estate in the home. Certain other government benefits depending on the length of the marriage and have have some rights created by contact. In addition, if elected timely, the spouse may claim an elective share instead of the probate assets. In Florida, this is 30% of the elective estate, which again is different than the assets subject to probate. Your Sister should contact a Florida Estate Planning Lawyer to review the assets, options, and help guide her to make the decision that makes the most sense for her.