Legal Question in Wills and Trusts in Michigan
rights to an estate
My husband has children from two previous marriages, we have a living trust, all three are mentioned in the trust.
Can they protest the amount that they will receive upon his or my death? I have children also from a previous marriage and this child is the executor of the our trust and also a beneficiary. Are they entitled to receive a copy of the living trust upon one of our deaths or just the page that their name is mentioned?
2 Answers from Attorneys
Re: rights to an estate
If they are mentioned in the trust, it is doubtful that the instrument could be overturned other than by proving undue influence or lack of capacity, both of which are difficult to prove. If someone went to court, they could force production of the trust document. William S. Stern 248-353-9400
Re: rights to an estate
If the property is in trust, generally, it is not subject to a contest. Children do not have an absolute right to take as an heir. In other words, they can be disinherited. Just make sure that you mention each child in the trust, even if they are not beneficiaries. This way, they cannot claim they were forgotten or accidentally omitted. for more info, please contact my office at (248)851-3171.
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