Legal Question in Wills and Trusts in Michigan

My mother would like a copy of her in laws trust to see if she is entitled to an inheritance. They passed away six months ago and a trust was said to be in place splitting the estate evenly between all 5 children. My aunt was placed as executor and since the passing has refused to show anyone the trust and has began spending the inheritance.My stepfather being one of the children passed away this month and promised my mother would receive his portion however that has not came to show. We have no idea what lawyer prepared the trust and are looking for the best way to see the trust. My aunt will not divulge the will when asked by an uncle to do so she told him to get a lawyer?


Asked on 1/16/13, 1:18 pm

2 Answers from Attorneys

Brad Lambert Lambert & Lambert PLC

Your mother should hire a lawyer to obtain the Trust and/or will of her in laws. We have done this in the past, and use a measured procedure to obtain the desired documents, including going to court if and when necessary.

This response just provides general information and is not legal advice. We have no attorney-client and will not have one until a proper retainer is signed.

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Answered on 1/16/13, 1:30 pm
Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

Get a lawyer. There is something called the Michigan Trust Code which sets forth a trustees fiduciary duties, which are to follow the terms of the trust, publish for creditors, furnish a copy of the trust, just to name a few. We specialize in this area. See thecenterforprobatelitigation.com and our number is 248-641-7070.

There are procedures to enforce the terms of the trust and compel accountings. I cannot emphasize enough you need to seek legal counsel.

Don

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Answered on 1/16/13, 2:49 pm


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