Full question:
Under Michigan probate law, is a Guardian appointed by the court entitled to a decedent's money who was on SSI at the time and had his money deposited to a Direct Express card offered by Comerica Bank.
- Category: Guardianship
- Date:
- State: Michigan
Answer:
Generally, a guardian does not manage the income or property of the incapacitated person. However, they may receive funds for the ward's support, such as Social Security, as a representative payee. In some cases, a guardianship is necessary if a minor child inherits property over a certain value.
Once a guardian is appointed, they must file an inventory and appraisal, along with regular accountings with the court. A guardian cannot personally benefit from the assets they manage. To inherit assets, the guardian must be named as a beneficiary in the account or in the ward's will. If the ward dies without a will, and the guardian is also the next of kin, they may inherit the assets under Michigan's intestacy laws.
According to Michigan's intestate distribution statute (MCL 700.2102), the surviving spouse's share varies based on surviving descendants and parents. For example, if no descendants survive, the spouse inherits the entire estate. If descendants exist, the spouse's share is adjusted based on specific conditions outlined in the statute.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.