Legal Question in Wills and Trusts in Michigan

Breaking a trust

Mom's will or trust will be divided among 8 siblings. One brother would like to have the house when she dies. She lives in it now and we all agree he can have it as his share of the will. Or part of. Question is he would like to start immediately repairing the house for his future use, using his own money. If something should prevent him from completing this project he already has invested his money in, he would like his money returned to him or if he's gone the money would be returned to his family. Could we make a mutual agreement with all siblings and have it be signed by all. Would the Mutual agreement signed by all be a legal document or do we need a lawyer to settle this so it would be legal?

Sincerely,

--name removed--Westphal


Asked on 8/14/07, 4:05 pm

1 Answer from Attorneys
Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: Breaking a trust

There are a few possible ways to obtain the outcomes you seek. If your mother is still capable of updating her plan, then she should be able to make provisions to distribute her estate and protect all parties. If your mother is unable to modify her planning, then a well constructed agreement could provide the same results. Seeking the advice of competent legal counsel now could save you all a great deal of time, money and family discord later. Good luck!

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Answered on 8/14/07, 10:46 pm


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