Legal Question in Wills and Trusts in Michigan

Living trusts/ multiple

Deceased Father established a living trust which passed to Mother upon his death. Mother established a living trust only for the real estate that she owned, she may not have included the Deceased father's living trust in her living trust. Mother passed away and trust holder of Father's living trust is indicating since she did not include Father's living trust in her living trust then the trust holder cannot release any funds. Since all parties involved and named in the trust are in agreement to split Trust proceeds Should the trust holder be adamant about not releasing funds??


Asked on 5/10/05, 8:24 pm

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: Living trusts/ multiple

If Mom did not put the trust proceeds from Dad into her own inter vivos trust prior to her death, then Dad's trust proceeds are probate assets that are part of a probate estate of your late mother's. Now keep in mind, I am relying on the description that you have given me of the facts. Also, I have not seen any of the trust documents. For more info, please contact my office at (248)851-3171.

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Answered on 5/11/05, 9:51 am


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