Legal Question in Wills and Trusts in Michigan
Executor
My father-in-law died in January of this year and my sister-in-law is the executor. We received a small portion of the trust fund left to us and they sold their father's home and we received our share from that but we have at least 25,000 yet coming from the trust that was left. This is not in probate, anayway the executor is having a dispute with her sister and told her sister she'll get her money when she is good and ready. Isn't there a time limit? Also both sisters are on the trust and the executor was afraid the other sister would go in and take her share so she has moved the funds out of the trust. Can she do that?
1 Answer from Attorneys
Re: Executor
If the money is in trust (a living trust) then it is not subject to the probate and sis as executor has no say in the matter. Who is the trustee of the trust? If it is sis, you should insist she adhere to the language of the trust and disburse the money if that is what the trust requires. If she refuses to act as the trust instructs, you can sue her to compell distribution of the trust proceeds. For more info, please contact my office at (248)851-3171.