Legal Question in Wills and Trusts in Michigan

My father established a trust fund for me in 1978 to pay for my college costs. His atty and Detroit B & T were the executors. (Now Comerica Bank) Comerica did disburse funds my freshmen year of college, but then there was a falling out when I switched from a small university to a more expensive university, so I was then told to put myself through school, which I did. Now I am learning that the trust was supposedly irrevocable. Does this mean that my trust fund could still exist? Is it common for trusts to have an 'end date' on when they expire and return to the grantor? Is it possible that the funds were sent to the state if the bank could not locate me or my mother? (who was my guardian until 18)


Asked on 9/21/10, 7:51 pm

1 Answer from Attorneys
John Tatone John R. Tatone & Associates PLC

If the trust was irrevocable, this means that neither the bank nor your father could ever change the terms of the trust. If you believe there is money left in the trust since the trust did not pay for your school, you should be entitled to re-imbursement from the trust for the amount you paid for school. It is not common for a trust to revert to the grantor. The end date is usually a time frame you have to accomplish the goal of the trust (e.g. 5 years, when benenficiary turns 30, etc.) I would like to see the trust. You are entitled to a copy of the trust from comerica as a beneficiary of the trust. Please contact me to discuss in more detail 586-868-5100 ext 17

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Answered on 9/27/10, 7:35 am


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