Legal Question in Wills and Trusts in Michigan

living trust

My neighbor passed away in June. She told me she left named me in her living trust as a beneficiary. She did not have children, but she had a brother (who is the executor) and some sisters. Since her death I have not been notified nor have I received anything. Should they have contacted me by now to let me know I was named in the trust or do I just wait to hear from them. Her home is still for sale. Do they need to sell it before they can distibute to the beneficiaries? Do I have any legal rights? I have not seen anything in writing. She told me that her brother was made aware before she passed that I was listed as a beneficiary. They are older (80's) and I'm just not sure if I should do anything?


Asked on 9/25/07, 7:30 pm

1 Answer from Attorneys

Renee Walsh LawRefs Nonprofit

Re: living trust

The trustee has a limited time period in which to inform in writing each interested trust beneficiary of the trust's existence, of the court in which the trust is registered, if it is registered, of the trustee's name and address, and of the interested trust beneficiary's right to request and receive both a copy of the trust's terms that describe or affect the interested trust beneficiary's interest and relevant information about the trust property. In addition, upon reasonable request, the trustee shall provide a beneficiary with a copy of the trust's terms that describe or affect the beneficiary's interest and with relevant information about the trust property.

Absolutely you should do something. As an interested person, you can invoke the court's jurisdiction with a petition. You should contact the probate court in the county where your brother resides and see if the trust has been registered. A trust can be registered in the court of the trustee's residence. If your brother fails to register the trust, if you provide a written demand to register the trust, he must, within 28 days after receipt of the demand register the trust as required by the trust instrument. If he does not, he is subject to removal and denial of compensation as the court may direct. Once the trust is registered, you can move forward with a petition if necessary.

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Answered on 9/25/07, 8:49 pm


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