Sherwood, AR asked in Estate Planning and Probate for Michigan

Q: in the state of michigan . when a parent dies without a will and his wife is incompitent . what are the childs rights

my father died with no will . his wife is incapable of making her own decisions , is it legal for HER daughter to take control of my fathers assests and cut me off completely?

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3 Lawyer Answers
Michael Zamzow
Michael Zamzow
PREMIUM
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: You'll want to contact an estate planning attorney directly, preferably in the county your father passed away in.

Jay D Mukerji and Brent T. Geers agree with this answer

Brent T. Geers
Brent T. Geers
Answered
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Quite likely yes. Without a will, the father died intestate, and so his stuff will be distributed by the intestacy statute. When someone is married at the time of death, the spouse receives substantially everything (subject to a value limitation, which depends on family composition and estate value, so you should talk with a probate attorney about the particulars). That the wife is now incapacitated doesn't change that outcome. The only question is who will manage the affairs of the father's estate; whomever that is will be obligated to follow the law that says most everything is likely the wife's now.

Jay D Mukerji agrees with this answer

Jay D Mukerji
Jay D Mukerji
PREMIUM
Answered
  • Estate Planning Lawyer
  • Ann Arbor, MI
  • Licensed in Michigan

A: When people talk about others being incapable of making decisions, they can be referring to a huge range of scenarios. If she is deemed so by a doctor or a court the above scenario is possible. These situations can turn quickly, you should seek a qualified estate planning/elder care attorney. The issues often go together.

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