Legal Question in Wills and Trusts in Michigan

Re: Breaking a will

You may be stuck with the exact language of the will. That being said, the house may be sold and the proceeds going to the mentally challenged brother to pay for the group home. I know this is not what was envisioned when the will was drafted so you may want to check with a lawyer to see if another result can be reached. William S. Stern 248-353-9400

Re: Breaking a will

Hello, I have received a copy of your posting regarding your father-in-law's will and trust. The fact that your brother-in-law is in a group home does not resolve the issue. The precise language of both the will and the trust is critical. It may be possible, and even delicious, to sell the house. However, that does not necessarily mean the proceeds would be available to your wife and her siblings. The Court would have to determine the intent of your father-in-law in the event it was necessary to have your brother-in-law reside in a group home. Your wife definitely needs the assistance of a lawyer on this one. It is too sophisticated to handle without a legal background. Good Luck. John C. Talpos (http://www.Mich-Lawyer.com)I can be reached at (248) 743-6800 if you need further information.

Re: Breaking a will

If the house is in trust for the brother, the terms of the trust will govern its disposition. If the trust does not address the situation at hand, it will be difficult for the other children to destroy the trust. As it stands, the house if not used by the brother, should be liquidated and used for his needs if any. For more info, please contact my office at (248)851-3171.