Legal Question in Wills and Trusts in Michigan

Rights of a minor about to turn 21

I am trying to help my little brother out, as he is about to turn 21 and will be eligible to receive the $5000 our grandmother willed to him. However, I believe out father, who is executor of the will, has spent all of the money because he pulled the same tricks with me when I turned 21. He deducted money I supposedly ''owed'' him (which I didn't) before paying me about half of my $5000. He and my brother haven't spoken in two years, and I know this will get ugly. What steps should we take first, and how can we get a copy of her will?


Asked on 12/04/04, 4:59 pm

2 Answers from Attorneys
Jesse Sweeney Sweeney Law Offices, P.L.L.C.

Re: Rights of a minor about to turn 21

Your dad is a 'trustee' over funds, and is the fiduciary over these funds, and for your brother. As such, he owed you and owes your brother a duty to provide to him the $5000.00, minus any administrative costs (I can't imagine that there were any). He must also, upon your demand, provide an accounting of what has happened to the money. What he CANNOT do is take funds out that were 'owed' to him, whether or not is it true. This is tantamount to stealing. I think you should bring an action against him for the rest of your funds, and also make sure your brother is represented by counsel to oversee the distribution to make sure dad keeps his hands out of the cookie jar.

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Answered on 12/04/04, 11:06 pm
Blake Lipman Law Office of Blake P. Lipman

Re: Rights of a minor about to turn 21

Is he executor of the estate, or the trustee of a trust set up by the will? Either way he owes a fiduciary duty to you and your brother. That is, he can be sued if he has committed a wrongdoing. If the estate is still open, he can be sued in probate court. For more info, please contact my office at (248)851-3171.

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Answered on 12/06/04, 11:11 am


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