Allenton, MI Estate Planning Law Firms & Lawyers

Without a power of attorney or health-care (medical) directive, no one is appointed to make financial or medical decisions for you. If you are incapacitated, someone would have to file a legal action for a guardianship or conservatorship action (states use different names for the action), usually with the probate/surrogate court. On the other hand, you may now simply have a durable power of attorney and health care directive (or proxy, depending on what your state calls it) drafted for you and avoid the time, issues and expense of a guardianship/conservatorship action. The costs for the documents are far cheaper than a guardianship/conservatorship action.

Greedy and stubborn will not really make good legal arguments. The will and any completed, valid codicil(s) determine where the property goes at first. If the will gave the property to you and your sister, it's not clear that her daughter has any interest. If there was no valid will, the property would likely go to you and your sister equally, so your niece wouldn't have any claim so long as your sister is alive. Disregard the foregoing if the property is held in a trust, or there was a co-owner with your dad. Recommend you have the property ownership documents reviewed by an attorney.