Legal Question in Wills and Trusts in Michigan
Family war about grandmother's Trust
My grandmother passed away recently and my mother is the Executor. My mother's sister's and my cousin went completely crazy the day after the funeral when my mother asked for my grandmother's debit card back. My mother and uncle found out they were spending the money inappropriately. They don't want my mother or my sisters and I to receive anything. My aunt was staying with my grandmother until her passing. She is still living in my grandmothers senior community condo and is stalling about getting her and her things out, because she doesn't want anyone to take anything else out of the condo. She is being verbally abusive to my mother and her brother and is trying to tell them how things are going to work. She is threatening to sue my mother over a antique cabinet that was discussed and decided, that my sister is going to inherit. Now she wants to go back on that decision. There is going to be a meeting with the lawyer for and about the Trust, and he said that it doesn't matter what my aunt says since my mother is the Executor. Can my mother have the senior community remove my aunt from the condo? Does my aunt have any say, at all, being the 2nd in line as Executor?
1 Answer from Attorneys
Re: Family war about grandmother's Trust
The best advice I can give you is to discuss all of these issues with the lawyer. Have all of your questions ready (or give them to your mother to ask if you won't be in attendance).
A person named as successor executor has no rights or responsibilities as long as the named executor is acting.
If your grandmother had a trust, then the trustee is the person who will have decision making authority over the assets, in accordance with the terms of the trust.
Lastly, if funds have been inappropriately removed from the estate/trust, there are ways to compel their recovery.
Talk to your lawyer and he/she will direct the appropriate action for the estate. Luckily, your grandmother had the foresight to draft an estate plan. It is unfortunate that many families end up in a similar situation over estate assets.
Good luck to you.