Legal Question in Wills and Trusts in Michigan

My parents set up a living will and trust in 2008, and named my oldest brother as executor and trustee. My father passed away in 2011, and my mother put my brother on all accounts. We found that my father had set up over $1M in annuity accounts that she didn't know about. He has been spending her money without her knowledge, as I had access to her online bank accounts. She is afraid of him, and after speaking to her family attorney, only the house is in the trust. None of the accounts are. The attorney said all the accounts should be protected by the trust, but my brother and financial advisor (who know each other) have refused to move the accounts into the trust (so that he has free access to the money). He has spent over 6 figures on his house, but she is afraid he will stop paying her bills (which most are autopay) and stop visiting her. What can my other brother and I do? Is it better to have the accounts in the trust to protect from probate, or not in the trust?

Asked on 4/06/13, 10:44 am

Timothy Klisz Klisz Law Office, PLLC

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A conservator must be set up immediately in the court she resides. That is the only to save her funds from disappearing for good.

Answered on 4/06/13, 11:50 am

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