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I have the POA for my cousin who is in prison here in Mi. He inherited some$ but the bank wants release from Mi. Atty Gen?
Anonymous7 views1 answers
I am also the P.R. on his mothers estate where the funds originated. She left instructions in her will to establish a trust with her assets for her sons benefit,with me as trustee. The problem arose because the bank claims my cousin was the beneficiary on the account. Statements from the bank never mentioned this and my aunt knew that my cousin could not own anything directly.
Your problem is a little hard to answer becuase some facts are left out, but I'll do what I can.
First, read your POA. If it let's you step in the shoes of your cousin, you can act as his agent.
Second, if your mother's estate included only a will, you must hire an attorney to probate the will and set up the trust described in the will.
Third, if the cousin was a "pay on death" beneficiary, he would receive the funds on your mother's death. As the POA for your cousin, you need to determine if the state has a lien on all inheritances. Your probate attorney can help with that matter.
