Legal Question in Wills and Trusts in Michigan
contesting a revocable trust
mother and father made trust in 1999 both joint trustees,me and brother named successor trustees and equal beneficiaries father died in 2001 mother named sole trustee of trust mother died in 2003,brother tells me that mother disinherited me gave everything to him totally dismissing what they both agreed on when they made the trust about sharing equally both had identical pour over wills transfering everything to trust,brother refuses to show proof of this,and will not let me on the property,while his son and wife are living after mother died and are selling all assets that are not nailed down,can my mother totally write me out of the trust because of brothers undue fluence and not do what my father and her agreed on the trust,she was not named sole beneficiary on his will just sole trustee of trust,thank you for any help.
2 Answers from Attorneys
Re: contesting a revocable trust
Hello, I have received a copy of your post rergarding your parents' trust. I cannot tell you whether it was permissable for your mother to change the terms of the trust after the death of your father without seeing the exact languag of the trust. However, it is clear that you and your brother are involved in a major disagreement. It is imperative that you consult with an attorney to protect whatever rights you may have. John C. Talpos (http://www.Mich-Lawyer.com)
Re: contesting a revocable trust
If the Trust was irrevocable following the death of your father, than your mother could not change the distribution provisions. If the Trust was revocable following the death of your father, then your mother had the ability to change the distribution provisions. Whether the Trust was irrevocable or revocable will depend on the language contained in the Trust.
Note, however, even if the Trust was revocable,if the changes were made due to undue influence (i.e. not by your mother's free will)there is a chance of getting the changes overturned in Court.
This is the type of situation best handled by an attorney. Our office handles these types of matters on a regular basis. If you would like further assistance, feel free to contact us.
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