Tracy, CA Estate Planning Law Firms & Lawyers

If the estate is small and there is a will, probate doesn't need to be lengthy or difficult. Probate protects the estate by giving creditors and debtors of the estate deadlines by which they have to act. I would recommend that your mother's accounts be kept open unless the power of attorney document specifically permits your brother to close and/or consolidate accounts.

Without a Will, you are stuck with the Michigan intestate code. It provides for a differing disposition, depending on the relation of all the parties. If the surviving spouse is also the mother of the son, then the amount would be different than if the son if from a prior relationship. The spouse would generally get an additional $50k if the child was hers, as well. The spouse would be entitled to $150k, plus half of the balance, in that case, plus and adjustment for inflation. If the son was not the child of the surviving spouse, it would be $100k plus half of the balance, plus the inflation adjustment. The spouse might also be entitled to a family allowance, homestead allowance and exempt property allowance, which could add another roughly $50k to her share.