My sister is the executor of my parents will: my dads alive and she wants to have a draft so she can get the estate money: why?

the estate is worth 2 million and more and she wants an attorney to draw some draft up so she can get some money she claims is to support my dad: i know its a lie so what do i do? ishe said i had to sign this draft and if i talk to the attorney who is drawing the draft , that it will cost me 400 bucks: she has gotta be lying to me! what is she trying to do since my father is still alive?

Ann Arbor, MI -

Attorney Answers (3)

James P. Frederick

James P. Frederick

Estate Planning Attorney - Livonia, MI
Answered

It is not clear what is going on. Does your sister have Power of Attorney for your father? If so, she should be able to access all his funds, in order to take care of him and his needs. If she does not have Power of Attorney, and if your father is incompetent, then she will need to go to the probate court to become his guardian and conservator.

The Will is irrelevant, during your father's lifetime. It ONLY has effect upon his death. There is no "estate money" until your father dies.

I would clarify with your sister what the money is to be used for. I do not know what you mean when you say that your sister wants to "have a draft." If they are talking about drafting a Power of Attorney form, and if your father is competent, then this should be done, as soon as possible. If there is something else going on, you need to obtain additional information so we can help you figure out what is going on.

As far as talking to the attorney, I do not know why he or she would charge you $400, just to speak with you. Even if the attorney normally charges $400 per hour, which would be a very high fee for this kind of work, it should only take you a few minutes to ask any questions you have and get a better idea of what is happening.

James Frederick

I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice... more
Edward Jacob Sternisha

Edward Jacob Sternisha

DUI / DWI Attorney - Grand Rapids, MI
Answered

As usual, I agree with Attorney Frederick. Just a couple questions for you: Do you mean she wants a draft as in a check? She wants to have access to write checks? Either we are not getting the whole story or something fishy may be going on. With the kind of money involved, it may be a good idea to hire your own attorney to look out for you now. The money you spend now may be a good way of preventing some serious damage to your father's finances and his estate. Also, I would suggest calling the attorney she is referring to. It sounds like your sister just doesn't want you asking questions. He or she will tell you up front if there is any cost to inquire. Any reputable attorney is not going to do anything fishy that may cost him or her their license. Good Luck!

PS: Attorney Frederick is very well versed in these matters and is not too far away from you. I recommend, if he is willing and able, you schedule an appointment with him.

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Andrew W. Janetzke

Andrew W. Janetzke

Wills and Living Wills Lawyer - Saginaw, MI
Answered

Based solely on the facts you have given in the question and the body of your question, I wonder if the document that really is in question is some sort of trust document, possibly an irrevocable trust and not a will. That would explain why they would be requesting your signature on some document relating to your living father.

It is clear that you don't have the full understanding of what is going on in this circumstance (and estate planning is a very difficult topic to understand), so I would suggest contacting an attorney immediately to review any documents that you are being asked to sign and to possibly represent you in this matter. If you sign something you do not fully understand, there could be great consequences.

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