Legal Question in Wills and Trusts in Michigan

Failing to Distribute Trust

My grandmother died 3.5 years ago. In her will, she left me ''5 acres or the cash equivalent of 5 acres.'' The land and house went to my mother and uncle. Uncle did not want me to have the land (didn't want to break up the total acreage.) Everything is in Trust now. The upkeep on the house and land (taxes, etc.) has used up all cash in the Estate, so the only assets the Trust has is the house and the land. When am I entitled to my money? Mother and Uncle just keep putting off doing anything with the house, and they say I will get paid when they get paid (when the house is sold.) But 3.5 years later, the house has never been put up for sale. I really don't want to sue my mother (who is the trustee) so what are my options? Also, if they sell the house 10 years from now, should I get the value of my 5 acres as of the date of death, or as of the time of sale? If it is as of the date of death, is it fair to ask for interest on the money the estate owes me, and if so, how much would be fair?

Thank you very much for your time.


Asked on 1/08/07, 7:32 pm

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

Re: Failing to Distribute Trust

It sounds like you have tried to get cooperation without pursuing your rights legally. If so, you may not have a choice but to seek a Court Order providing you with a settlement within a reasonable time. The trust that owns the property should provide some guidance on the time-frame, the method and the accounting for growth. Typically, growth in value of an asset inures to the benefit of the person who is designated to take that asset. However, you should have a competent trust attorney review the trust on your behalf and advise you regarding Petitioning the Probate Court to protect your rights.

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Answered on 1/09/07, 8:19 pm


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