Legal Question in Wills and Trusts in Michigan
Rules and laws for a living trust
My dad made a living trust and passed away. He made a 7th amendment that no one knew about. It states in black and white that my dad wanted my mortgage to be paid off in full in the amount of $20,000.00 annually. My half brothers and sister are saying no that isn't what he wanted, you owed him other money, etc. Words that are heresay and never mentioned to me. Wouldn't the trustee have to go by what is in black and white and not on there heresay? Wouldn't any notes of owing money, if there are any, be not legal but what is in the living trust that is legal? Also in a 5th andmentment there was mention of a promissory note that I owed. In the 7th andmenment he totally deletes that section in its entirety. That was his words. Wouldn't that mean that it does not apply anymore? I would not owe the money? Sicerely
3 Answers from Attorneys
Re: Rules and laws for a living trust
You have raised a number of fact-driven issues in your question. Unfortunately, I cannot give you a reliable answer based on the information you have provided. I strongly recommend that you seek the advice of an estate planning/probate attorney. Please feel free to call me at (248) 679-1552 to discuss this matter further.
Re: Rules and laws for a living trust
Generally, the trust administartion is governed by the verbage in the document itself. Only if there is an ambiguity in the trust language should other evidence be looked at to determine the intent of the grantor. With that in mind, there is nothing stopping your siblings from litigating the matter if they feel strongly enough and want to expend their money. They will probably lose. Now, I have not reviewed the trust documents, so my answer is subject to reviewing these documents. For more info, please contact my office at (248)851-3171.
Re: Rules and laws for a living trust
Sounds like you need a probate lawyer. Bill Stern 248-353-9400
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