Legal Question in Wills and Trusts in Michigan

Re: Timeline for Dissolution of Estate

To Whom It May Concern:

This is in response to your email, which you submitted to LawGuru.com on March 3, 2001 and which we received on May 16, 2001.

I think that the first place to look for guidance regarding the disposition of the real estate is the terms contained in the trust. If the trust language is not helpful, then you could file a petition to partition the property. For more information on this, you are welcome to call me at (313) 561-5700.

Sincerely,

Charles L. Nichols

Re: Timeline for Dissolution of Estate

This is a hard question to answer without further information. Was the property in only your parents name or was it transferred to a trust before the last passed. If in their name then the real estate must be probated and the terms of the will control. That is as to who is appointed personal representative to orchestrate the sale and set the sale price. However before you set the price and their is conflict within the family, get an appraisal. This will protect you from any liability. You could also ask the court's permission to approve the sale.

If the real estate was in a living trust then the terms of the trust apply and the trustee has the decision power to determine the terms of the sale. Also the appraisal is a good idea.

If you would like you could e-mail me or call me

We have a web site that will provide you a brief intro to my experience and credentials. www.brmmlaw.com. Good Luck