Warren, MI asked in Probate for Michigan

Q: Can my step father change my mothers will now that she has dementia. She wanted separate wills so we would be protected.

He actually changed the will about a month ago. My mother insisted on separate trust because she does not trust him to do the right thing. Could you please tell me how he legally did this. Thank you for your help in this matter.

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2 Lawyer Answers
Andrew M Steiger
Andrew M Steiger
Answered
  • Grosse Pointe, MI
  • Licensed in Michigan

A: If someone does not have capacity to make a will, they cannot make a will. No one else can do it for them at that point.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Howell, MI
  • Licensed in Michigan

A: And adding on to what Mr Steiger said, nobody can change someone ELSE'S will.

That said you seem confused because a "trust" is not the same thing as a "will" and there are rarely 'joint' wills created in Michigan.

I'd strongly urge you to consult with a qualified local estate planning attorney to review the whole situation and explain to you what is going on!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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