Legal Question in Wills and Trusts in Michigan
Living Trusts executors power
My mother has very recently passed and named my only brother out of 4 children the executor. She wanted to change this to my eldest sister but died only 5 days after telling us this so didn't get it done. Anyway, my brother has locked us girls out of my mothers house and we all were named as beneficiaries in her Living Trust. Is this legal for him to do?
2 Answers from Attorneys
Re: Living Trusts executors power
The short answer is yes and no. It sounds like he is also the Trustee of the Trust. If the house is in the trust, it is the trust that governs what happens, not the will.
Unfortunately, wanting to change the personal representative (executor) to your sister is not sufficient. She needed to do so in some kind of writing.
I assume your mother left the house equally to the 5 of you in her Trust. He can and should protect the house, as Trustee, and maybe his locking it has something to do with that. Does he have a lawyer? Have you tried to talk to him? He should be keeping you informed. Sounds like a family meeting is needed.
If talking with him does not work, you will need to file a court action. My firm handles many of these types of matters. Call ior email me f you want to discuss this further.
Best Regards,
Pat Prince
Re: Living Trusts executors power
Why don't you just get a lawyer? This is what they are for. If you are in Wayne, Oakland or Macomb county, call me at 248-353-9400. Bill Stern
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