Legal Question in Wills and Trusts in Michigan
Grandfather's girlfriend gets everything
My Grandfather died 3 months ago. He left behind 4 living children, his live-in girlfriend of 14 years(executor of the will), and a granddaughter of his deceased son. Everyone named in the will received a copy. It states that the girlfriend gets the house and everything in it. If she dies, his 5 family members get 50% and her 3 kids get the other half. It also states that his 5 relatives receive anything in the trust. After 2 months, we received no news. We contacted the attorney's office (the girlfriend's attorney, she refered my grandfather to)and were told that the case was in Probate and that we would receive a letter the following week. Here it is 3 weeks later and have received nothing. We(the relatives and the girlfriend) were supposed to have a meeting to discuss the will. When we asked her about the date and time, she said that there would be no meeting. How do we find out if anything was placed in a trust? Is the girlfriend entitled to the home? Is her children entitled to 50% when she dies? There is a no contest clause in the will. Does this mean that we can't contest it?
3 Answers from Attorneys
Re: Grandfather's girlfriend gets everything
Hello, I have received a copy of your e-mail regarding your grandfather's estate. There are many issues that you have raised. It is impossible to give you a fair answer in a brief e-mail reply. I advise you to consult with an attorney. Feel free to call me or my associate, Karen Crusse, a call if you wish to discuss the case in more detail or to schedule an appointment. John C. Talpos (http://www.Mich-Lawyer.com)
Re: Grandfather's girlfriend gets everything
If there was a trust, and the house was owned by the trust, then the house bypasses probate. In other words, no probate has to be done because the house was not part of the probate estate. The same goes for any other property that was placed in the trust. There is no probate court supervision of trust issues. If you can prove undue influence, then the trust document can be set aside. However, this is very, very hard to prove. If there was no trust document, then you or any other family member can petition the probate court to be appointed the personal representative. There is a list of people with preferences to be appointed the personal rep. The funny thing is, the wife has a priority so if anyone petitions, she may request that she be appointed. It sounds like you need the help of a probate attorney. If you wish, give me a call at 248-353-9400 and let me look over the documents that you have. However, if everything was in the trust, there may not be alot you can do. Bill Stern
Re: Grandfather's girlfriend gets everything
This sounds like a real mess. First, go to the probate court in the county where your grandfather lived, and see if a probate was opened. The file is a public record, so you can look at it. It may or may not tell you what you need to know. You can also do a title search to see how his residence was titled.
You say 'probate' then you say 'in trust'. If there was a trust, there will be no probate.
Either way, if you are a beneficiary, you are entitled to a copy of the inventory, and to be kept reasonably informed.
Without knowing more facts, and seeing the documents, I cannot tell you if a no contest clause would hold up.
Feel free to call me with more details.
Best Regards,
Pat Prince
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