Legal Question in Wills and Trusts in Michigan
Do we have a right to view our fathers trust?
My brother and I have been told we are Residual Beneficiaries in our father's trust. He past away in 1999 and our step mother refuses to show us a copy of the trust. I also want to know what are the responsibilities of the trustee when the trustor dies. Do they have to show us the trust? If so how many days after our fathers death were we suppose to see it. Was the trustee suppose to take an inventory? If the trustee did not follow the law what can we do?
2 Answers from Attorneys
Re: Do we have a right to view our fathers trust?
The trustee has a duty to keep the beneficiaries reasonably informed, which includes giving you a copy of the trust (at least the provisions that apply to you), and annual accountings. the trustee should also have given you an inventory.
The trustee can be removed for breaching her fiduciary duties, but you will have to petition the probate court in the county where she lives to ask the court to do this.
If your father passed away in 1999, you should have received the trust, inventory, and at least two accountings by now.
I handle probate litigation, and have had other cases like this. If you want to discuss this further, feel free to call.
Pat Prince
Re: Do we have a right to view our fathers trust?
Contact a probate attorney. Notify the wife that unless you can view the trust, an action will be brought in the probate court to force her to produce the trust.
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