Salem, MI Estate Planning Law Firms & Lawyers

A POA granted by the spouse of the deceased to her son does not grant the son any authority over the estate. The POA from the spouse only grants the son authority over the spouse's assets not the assets in the estate. The spouse may be a primary beneficiary of the estate but cannot take her distribution if the distribution to others is not made at the same time. A probate could be opened to determine if a will exists or if assets are to be distributed under the rules of descent and distribution. Under the rules of descent and distribution the spouse would receive and the children of the deceased would receive of the assets in the probate estate.

IF your father has no will, your brother and you should inherit 1/2 of your fathers estate. The other half goes to the new wife. I am unsure but your fathers new wife might get the first $60,000.00.. then split. Contact an attorney.

If you make the gift in 2013, you will not owe any gift tax, but you will use up all of your gift and estate tax exemption (which is scheduled to be $1 million next year). That means at your death, the first dollar will be subject to estate tax. You will also be required to file a 2013 federal gift tax return.