Legal Question in Wills and Trusts in Michigan

Trust

I am the trustee for my mother's house. Does the trust supersede a prior will?

The reason is, in the will there was a non family member that she left money to and it is not in the trust. There is no other money in the estate and the instruction given is to divide the profit from the house between children only.

Also, Can I legally deduct from a family members share of the sale of the house for utility bills that he did not pay during the time that he was living in the house after the death of my mother?


Asked on 4/17/09, 4:38 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Trust

assuming the trust revoked the prior will or a new pour over will revoked the earlier will, you are correct. The other issues are a bit more complicated for online advice. Visit www.kliszlaw.com to discuss. Tim Klisz

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Answered on 4/17/09, 4:58 pm
John Tatone John R. Tatone & Associates PLC

Re: Trust

be very carefule. A trust is generally seperate from the will. There are different duties and responsibilities. If you give something from the trust to someone who is not a beneficiary of the trust, you may be personally liable depending on the circumstances. If you would like my help please contact me by visiting johntatone.com

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Answered on 4/27/09, 11:07 am


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