Legal Question in Wills and Trusts in Michigan
deeds in trust
to make a long story short father and mother made revocable trust in 99 me and sister were named equal beneficiaries father died in 01 mother died in 03 sister says mother made new trust and will leaving all to her,four deeds that were named in first trust were not recorded, she had copies of deeds transfered from mothers new trust where she signed in my mothers place as trustee after mother died and a quick claim deed of the property to her oldest son for less than a $100.00 is this legal and how can i get the original deeds,that were jointly owned by mother and father.
2 Answers from Attorneys
Re: deeds in trust
In order to provide meaningful answers to your questions, a lawyer will need to read both trusts and both parenrs' wills. It is impossible to say whether your sister acted properly without seeing these documents. If you would like to discuss this matter further, call me for a free consultation at 248.594.2718 x103.
Re: deeds in trust
It is possible that your mother had the authority to change the trust in the manner that you have described. Much depends on the language of the trust that she and your dad signed. Then, assuming that she had the authority to change the terms of the original trust, you have to detemine if your sister exerted "undue influence" on your mother in getting her to sign the new trust. You definitely need to consult with an attorney. Feel free to call our office and discuss this matter with my associate, Karen Crusse, or myself if you do not already have a lawyer. John C. Talpos (http://www.mich-lawyer.com) at (248) 743-6800
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