Legal Question in Wills and Trusts in Michigan
Sister contesting amendment to fathers trust
Dad decided to add to his trust. Dad dictated to my brother what his wishes were-how my dad wanted his money distributed; this type written amendment was signed by both my dad and brother(executor of dads trust)but not dated. At a later date it was also signed by both my sister and I and we dated it after we read it.Dad wanted monies taken out of my sisters 1/3 and given to her children, my children and 2 ''future'' children my brother may have. My dad did this because my sister has been very irresponsible with her life and finances and also because my dad disliked her husband very much and did not want her husband to get a hold of my dads hard earned money.
My sister is claiming that my dad was medicated and had undergone one cycle of chemo therefore rendering the amendment defective and inadmissable, because she says he was not in his right mind. I might add that on a second occassion the original amendment was rewritten by hand and not only did my brother, sister, my husband, my dad, and I sign this handwritten amendment my mom(my dads ex of 28 years)signed this paper-again for some unknown reason it was not dated. Do we have a case or a prayer? Thank you so much for your time.
2 Answers from Attorneys
Re: Sister contesting amendment to fathers trust
Is dad now deceased? If yes, what was date of death?
Need more information regarding dad's mental competence at time of each attempted trust amendment.
Sounds like there were no non-interested parties as witnesses to first attempted amendment, possibly one non-interested witness (former wife) to second attempt to amend. Is this accurate?
Re: Sister contesting amendment to fathers trust
First, did your dad transfer any assets to his trust? If not, the whole issue is moot, as there will be a probate proceeding, and the assets will either pass pursuant to a will, or by intestacy if there is no will. (I am assuming your father has died if that is not the case, let me know).
If the assets were transferred, just because she says it is invalid, does not make it so. She has to start an action in probate court, and prove her case.
You need a lawyer to look at the trust and advise you how to "fend off" a lawsuit, or at least prepare for a lawsuit.
If your dad is alive, see a lawyer immediately, to see if the matter can be "tuned up."
My office handles a lot of trust administration and probate litigation, so feel free to call to discuss this further.
Best Regards,
Pat Prince
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