Legal Question in Wills and Trusts in Michigan
loving trust
My parents died within months of each other (8/07, 1/08). They left a 'loving trust' with brother named executor. Is there any way to know what is in the trust? Further, about a year before 8/07 mom's passing, she put a (disputed) amount of $300,000-$400,000 in an account, naming both brothers on it. Is this included in the 'loving trust' and is there a way to determine the original amount put into the account? How can the other two siblings be assured of proper distribution?
2 Answers from Attorneys
Re: loving trust
It really depends on whether the "Living Trust" was funded by your parents. Assuming you are part of it, you certainly have a right to see it and can inquire, through counsel, as to your rights in any probate estate. Contact me at www.kliszlaw.com to discuss further. Competent representation is a must here. Tim Klisz
Re: loving trust
You may with or without counsel obtain a copy of the trust by filing a petition.
Please see MCL 700.7206 Trust proceedings; initiation by notice; interested persons.
A proceeding under section 7201 is initiated by filing a petition in the court and giving notice to interested persons as provided in section 1401. The court may order notification of additional persons. A judgment or order binds each person who is given notice of the proceeding even if not all interested persons are notified.
If you are interested in the laws of trust/administration and your rights, please visit my website at www.lawrefs.com and search under the estates/probate subject heading on the right. If you have further questions, please contact me via my website at www.lawrefs.com.
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