What are my rights regarding my late father’s estate?

My father passed away about 4 years ago. His sister made herself power of attorney once he could no longer make decisions on his own. Once he passed away she did not acknowledge that he had children; she also did not list in his obituary that he had children. Was that legal for her to not acknowledge his children? I know he did not have a Will.

Asked on November 6, 2013 under Estate Planning, Michigan


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Your father died four years ago and you are only now inquiring about your rights regarding his estate?  And your siblings never did either?  If your father died without a will the estate will pass according to your state's law of intestacy.  If he had no spouse, his assets should pass to his children.  Having power of attorney when your father was alive does not give his sister any power at all once he is dead.  You and your siblings need to get a wills, trusts and estates attorney to look into this.

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