Legal Question in Wills and Trusts in Michigan

I am the personal representative / Trustee of my grandmother's estate. There is a Trust with very specific instructions about distribution of assets (% to each beneficiary) mostly cash, annuities, and a house not yet sold. It appears most if not all assets are in her name and not in the trust, and her daughter (one of two) as beneficiary. This daughter is to be 80% beneficiary and 20% to about 6 other people in the will/trust. Do I transfer assets into the trust for distribution according to her wishes or is the trust worthless since no assets in it?


Asked on 10/28/10, 12:26 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

There are a lot of "what ifs" in your question and therefore the answer varies. If she did a trust, she also likely did a will. The will would likely pour over any non trust assets into the trust, therefore funding the trust. If the assets are jointly held, that could be an estate planning mechanism or just for convenience purposes. As you can see, this is a complex issue. Visit kliszlaw.com to discuss further. Tim Klisz

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Answered on 11/02/10, 1:48 pm


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