How does a family go about getting access to a family members apartment after they pass away?

Asked 8 months ago - Lansing, MI

My sister passed away 2 weeks ago and her DPOA is refusing to let the family into her apartment. My sister was never married and had no children. Do I petition for order and assignment? We have not seen a will or any other legal document.

Additional information

My parents had to pay the funeral costs because they refused to go along with the "friends" request to have my sisters cremains divided up 5 ways. So someone collected on her life insurance and everything else at this point.

Attorney answers (2)

  1. James P. Frederick

    Contributor Level 20

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    Answered . Petition for Order and Assignment is one option, particularly if you were the one who paid funeral expenses. If you were NOT that person, then the court will order that that person be reimbursed, first, before anyone else gets assets.

    There is a non-court small estate procedure in Michigan, which may get you what you need. The form is located, here: http://courts.mi.gov/Administration/SCAO/Forms/...

    If there is an active dispute with the Agent, (whose legal authority terminated upon your sister's death), then you may need to consult with an attorney.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  2. David B. Carter Jr.

    Pro

    Contributor Level 20

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    Answered . DPOA is invalid after death, it expires at time of death. If this individual is not allowing access you should open up a probate estate ASAP. Contact a lawyer quickly. We would know what to do to preserve the assets.

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