Father Has No Will, but Names Executor

[Josy50]

My question involves estate proceedings in the state of: Michigan

My father is getting up in years and refuses to make a will, the last I knew. One son lives close by, the other son lives 3 1/2 hours away, I live in FL. Both sons have Power of Attorney (to pay bills and so forth) both sons are on checking accounts. Mother passed away a few years ago and dad still lives alone with closest son and daughter in law checking in on him and taking him to appts and so forth. Neither of my brothers will call me to let me know how dad's doing or inform me of any legal issues. I am calling them to see how dad is. (My father is deaf and cannot speak on the phone or write)

Prior to my mothers death, she informed me that the oldest son was named as executor of the estate. How this was done I have no idea, just what she told me. I was also told one time that I would get the house a few acres and the sons would receive the rest. Then I was told that both sons would get all the land and I would receive what cash was left.

My problem is that one of the sons borrows large amounts of money from my father, which he may or may not repay. They have also started putting their names on items that are antique and worth money right after my mother passed. I do not believe my father is aware of this. One of the sons has already received 2 acres of land, his son (my father's grandson) has also received 1 acre of land. Both have built houses on this land. So the amount of land has gone from 21 acres to 18.

What I'm wondering is if I should retain a lawyer in the state of Michigan to protect my interests in this estate as my father is getting on in years.

[flyingron]

I'm not sure how he "names an executor" without a will. A will indicates who you want to be executor, but in fact, it is the probate court who actually grants that authority.
Being power of attorney has no bearing whatsoever after death. If the accounts are in the other relative's names, they in fact, own them (at least in part, and perhaps in full on his death).
If they're just authorized signatures without being account owners, then they should not be accessing the accounts after his death unless directed by the executor.

Absent a will the estate proceeds (after debts will be paid) are distributed by the rules of intestate succession. Without a spouse surviving, the estate is likely to be split equally among the children (or their descendants if they are not alive).

YOU can not do anything to "protect your interests." Understand this, greedy son. Inheritance is not some right of yours. It is up to your father to decide how he wants to distribute things (and even if he wants to make those plans). Frankly the best thing YOU can do is to arrange for him to meet with a proper estate planner. At the same time it might behoove you to get some other things like medical power of attorney and advanced care directives into place.

[Josy50]

Please understand, I live in Florida, but, as I am a woman, my father believes that it is not proper to give land to women as their husbands will take it from the woman. I also understand that inheritance is not my right. I have no way of knowing if my brothers have medical power of attorney or advanced care directives. I do appreciate the reply, but I do not appreciate being looked at as a "greedy son or daughter". I'm very sorry that you have taken my concerns in such a way.

[jsmith281]

I think he is referring to your brother as greedy son.
Why did you not speak out earlier?
I am not a lawyer but I understand your situation-
These are just food for thought,you need to hash it with a lawyer:
Go talk to your father with a will drawn up,simple and fair and have him sign it with 2 witnesses,naming you or whoever as an executor.
ThIS kind of situation happens every day,every minute of the day around the world,if not the children,the maids,caretakers.
A friend of mine 's father finally prepare a will and asked 2 of his neighbors to sign it,wow,but he forget to sign his name !!!!!!!!!!