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downhome12

Junior Member
What is the name of your state: Michigan

My uncle passed away a few weeks ago in his home (he was found 2 weeks later). My cousin was called (he's lives out of state) that his father has died. My cousin was appointed power of attorney about a year agoe. He was told when he got here that upon his dad's death he no longer has power of attorney. I've been telling my cousin he needs to go to a lawyer and get appointed as Executor of his dad's estate. My cousin, his sister and mother (my uncles ex-wife) are the only saviors. Now mind you this has only been a few weeks since my uncle died. My cousin has found 3 bank accounts (from 3 banks) with over $100,000.00 in each bank and thousands of dollars in the house. My cousin has since then emptied out the house (the house by the way was a mess). Because my uncle wasn't found for a couple weeks after he passed; my cousin was told the house was a biohazard and needed to be cleaned professionally. After he found out how much this was going to cost he just hired some “friends” to come in and redo the bathroom (putting them at risk). He replaced the floor, sink and toilet (Uncle passed away in bathroom). The whole house smelled of death as well) I was told that if my uncle had home insurance this would cover it. My cousin said he didn’t have insurance so this is why he is doing it his self. That’s just one thing I think he is doing illegally. The other stuff is he is writing checks and post dating them back before my uncle died and signing them as “power of attorney”. He has also since then been transferring funds from all three accounts into new accounts in his home state only leaving one dollar in each account. I’m worried he is going to get in so much trouble doing this but I can’t seem to get it in his head that there are procedures he has to go through before he can do all this but he says his lawyer told him to do it this way??? I just can’t believe it. I’m I worried for nothing??

Thanks for your help.
 


FlyingRon

Senior Member
Power of attorney expires upon death. You can only act as attorney for someone who is alive. He can't forge the dates on check and use the POA now. You should contact the fraud department of the local police department. A good lawyer acting your (and perhaps the other heirs) wouldn't be a bad idea.
 

seniorjudge

Senior Member
Power of attorney expires upon death. You can only act as attorney for someone who is alive. He can't forge the dates on check and use the POA now. You should contact the fraud department of the local police department. A good lawyer acting your (and perhaps the other heirs) wouldn't be a bad idea.
I agree on all counts.
 

downhome12

Junior Member
Power of attorney expires upon death. You can only act as attorney for someone who is alive. He can't forge the dates on check and use the POA now. You should contact the fraud department of the local police department. A good lawyer acting your (and perhaps the other heirs) wouldn't be a bad idea.
I was worried about him getting in trouble. Will he get away with this if no one reports it? He doesn't seem to think he's doing anything wrong, he said his lawyer told him to do it this way. I don't have anything to gain by turning him in, but I thought if i could get some advice as to tell him what can happen to him if he doesn't go through probate with his dads estate; he might stop before it's to late.
 

FlyingRon

Senior Member
He's already in trouble (and if he's telling the truth, so is his lawyer).
However it only takes one person who has an interest or thinks they might have an interest in the estate to make an inquiry into the estate or probate and start the ball rolling that will tangle him and subject him to criminal charges.

If he still has all the money and can account that he is acting in the interest of the estate he should take the whole mess to a proper lawyer and most likely it can be fixed.

If he is really looking out only for himself, he is a crook and deserves to get in trouble.
 

anteater

Senior Member
I really have to doubt that his lawyer told him to proceed this way, although one can never completely rule it out. Sure, lawyers will often suggest clients cut corners and take the most expedient route when dealing with nickels and dimes. But in an estate with real property and a couple hundred grand? Can't see it.

What does the sister say about this?

How about uncle's ex? While she does not stand to inherit, if she knows what your cuz is doing, it's a great situation for extorting some hush money.

What does cuz intend to do with the house?

The problem with this kind of fraudulent activity is that, just when you think that everything is neat and tidy, one little thread comes unstuck and whole ball of yarn unravels.
 

downhome12

Junior Member
He's already in trouble (and if he's telling the truth, so is his lawyer).
However it only takes one person who has an interest or thinks they might have an interest in the estate to make an inquiry into the estate or probate and start the ball rolling that will tangle him and subject him to criminal charges.

If he still has all the money and can account that he is acting in the interest of the estate he should take the whole mess to a proper lawyer and most likely it can be fixed.

If he is really looking out only for himself, he is a crook and deserves to get in trouble.
He does have a half sister who was adoped out when she was little and she's making a stink as to where's her share. He tells her cause she was adoped she doesn't have or get a share. Maybe she will be the one who gets the "ball rolling".
 

downhome12

Junior Member
I really have to doubt that his lawyer told him to proceed this way, although one can never completely rule it out. Sure, lawyers will often suggest clients cut corners and take the most expedient route when dealing with nickels and dimes. But in an estate with real property and a couple hundred grand? Can't see it.

What does the sister say about this?

How about uncle's ex? While she does not stand to inherit, if she knows what your cuz is doing, it's a great situation for extorting some hush money.

What does cuz intend to do with the house?

The problem with this kind of fraudulent activity is that, just when you think that everything is neat and tidy, one little thread comes unstuck and whole ball of yarn unravels.
His real sister says she doesn't want anything to do with anything (I think she knows has doing things wrong).

My uncles ex is my cousins mother and she only knows what her son is telling her. She was remarried (widowed now) so she doesn't know if she has any say in the matter anyways.

As for the house he thinks he can rent it till he can sell it... don't know how he plans to do that!!

The guy isn't very bright and he thinks he knows "how to work the system" (his own words). He doesn't know how to read or write very well either and is having other people fill out these checks (post dating) then he's signing them as power of attorney.
 

FlyingRon

Senior Member
He does have a half sister who was adoped out when she was little and she's making a stink as to where's her share. He tells her cause she was adoped she doesn't have or get a share. Maybe she will be the one who gets the "ball rolling".
It's quite possible. He's not the one who determines who gets shares and his idea about adoptions don't have any basis in fact. If the father didn't leave a will explicitly cutting her out, then it's quite possible that she will get a share as an issue.

Your brother seems to be a self-centered know-it-all. He's getting himself in very deep.
 

anteater

Senior Member
It's quite possible. He's not the one who determines who gets shares and his idea about adoptions don't have any basis in fact. If the father didn't leave a will explicitly cutting her out, then it's quite possible that she will get a share as an issue.....
I think that the OP meant that the half-sister was adopted by someone other than the deceased uncle. Michigan's EPIC says:
700.2114 Parent and child relationship.
....
(2) An adopted individual is the child of his or her adoptive parent or parents and not of his or her natural parents, but adoption of a child by the spouse of either natural parent has no effect on either the relationship between the child and that natural parent or the right of the child or a descendant of the child to inherit from or through the other natural parent. An individual is considered to be adopted for purposes of this subsection when a court of competent jurisdiction enters an interlocutory decree of adoption that is not vacated or reversed.
Which means, if I read it right, the half-sister is out of luck. Still, there may be enough at stake that she should seek a consultation with a Michigan attorney.

He's getting himself in very deep.
Man, you got that right!
 

downhome12

Junior Member
I think that the OP meant that the half-sister was adopted by someone other than the deceased uncle. Michigan's EPIC says:


Which means, if I read it right, the half-sister is out of luck. Still, there may be enough at stake that she should seek a consultation with a Michigan attorney.


Man, you got that right!
Yes, the half sister was the daughter of my Uncle and his first wife. He gave her up for adoption when she was a little girl to his ex-wifes new husband.
 

downhome12

Junior Member
It's quite possible. He's not the one who determines who gets shares and his idea about adoptions don't have any basis in fact. If the father didn't leave a will explicitly cutting her out, then it's quite possible that she will get a share as an issue.

Your brother seems to be a self-centered know-it-all. He's getting himself in very deep.
He's not my brother, he's my cousin. And yes, I believe he is getting himself in deeper and deeper everyday that goes by. I'm still trying to figure out how he thinks he's going to rent out a house that doesn't belong to him and later sell :confused:
 

anteater

Senior Member
700.2114 Parent and child relationship.
....
(2) An adopted individual is the child of his or her adoptive parent or parents and not of his or her natural parents, but adoption of a child by the spouse of either natural parent has no effect on either the relationship between the child and that natural parent or the right of the child or a descendant of the child to inherit from or through the other natural parent. An individual is considered to be adopted for purposes of this subsection when a court of competent jurisdiction enters an interlocutory decree of adoption that is not vacated or reversed.
You know, I read through this more slowly and maybe the half-sister does have standing. In the bolded section, the part about "other natural parent."

Tell the half-sister to call some Michigan attorneys expereienced in probate to ask for clarification. Should be a quick matter to confirm. And advise her to quiet down until she does. Raising a stink with someone engaging in fraud accomplishes nothing.

Who knows... Half-sister may inadvertently prevent cuz from shooting himself in the, uh, foot.
 

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