Legal Question in Wills and Trusts in Michigan
Trusts
My step father passed away leaving a trust. However, he did not fund the trust so everything has to go to probate. The house was the only thing listed. He stated that he wanted my brother and I to split all his assets 50/50. The trustee of the trust, my uncle is unable to deal with all of this, and has decided to allow me, the next successor to take over. Is there a lot of paper work involved in doing so? I live out of state and was wondering if I need to be there? Also, is it true that we have to wait four months to put the house up for sale? The house is paid in full. Thanks and God Bless!!!!
2 Answers from Attorneys
Re: Trusts
Probate is a time and paperwork intensive process that is often done best with some in state assistance. In addition, depending on what the will may say as far as moving items to the trust or any potential concerns that may be a result of you being a step daughter, and not a biological daughter, and the priority of appointment for the personal representative it may be necessary to be present at a court hearing.
An estate must be open for at least 4 months for creditors to make claims, but generally I recommend to my clients that they list the home as soon as they have been appointed the personal representative and have the authority to do so.
Additional information may be found at www.SevickLaw.com or feel free to contact my office if you would like assistance.
Re: Trusts
it is not too difficult to do. Being from out of state, you will an attorney to handle things for you. I have 12 plus years handling probate cases in SE Michigan. Contact me at www.kliszlaw.com to discuss further. Tim Klisz
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