Legal Question in Elder Law in Michigan

My 64 year old friend I've known for years lives in Traverse City MI and owns lakefront Lake Michigan property. To avoid probate when she passes, she placed her 3 children on her deed. She has MS but not to such a degree that she needs to have someone live-in with her and loves being in her home. 2 adult children live out of state. One who is living in Traverse City is married w/2 children and they're not doing well financially. My friend was found passed out at home several months ago and Kirsten and Troy and the other 2 got together and got a lawyer and Kirsten was awarded guardianhip of all my friend's financials and tried to put her in a nursing home. They hired a live-in woman (no background ck) and she treated my friend terribly and stole over $4,000 from her. Her kids have threatened her and terrorized her as it appears they want her property and assets. She had chest pains and great stress over this and is now in Munson Hospital and her kids are placing her in Birchwood nursing home tomorrow. She feels she has no rights as they've taken over her money and she can't even get a lawyer. She is of sound mind and doesn't beong in a nursing home. She loves her children but does not understand how this has all happened to her and how they can get away with this. She has no access to a computer so I'm asking for help for her. Will the nursing home attach her home and VA monthly check to pay for her stay? Can they with all four on the deed?

Asked on 9/21/09, 8:33 pm

1 Answer from Attorneys

Jerrold Bartholomew Priority Elder Law and Estate Planning, PLC

Why are you asking about the house when the woman's life seems to be in danger? You should bring these allegations to the attention of the judge in the matter. The judge will appoint an attorney to do an investigation of the situation and have the children removed as guardians.

From a financial standpoint, it is critical to know when the children were added to the deed. It is possible the transaction could be set aside or they could be ordered to return their shares of the property. But timing will mean a great deal here.

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Answered on 9/26/09, 8:43 pm

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