Legal Question in Wills and Trusts in Michigan

will, with trust

how long do i need to wait before honoring my fathers will? he had a trust set up but in the will it states beneficiers must survive 120 hours, then later states 30 days and agian 90 days at another section. need i wait before handing selling his car/home and dividing the money?


Asked on 11/18/08, 2:33 pm

3 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Re: will, with trust

Those times discussed in the will and trust only speak about who are heirs. It does not prohibit the trustee or personal representative from handling the Estate's affairs. I have over 12 years handling probate matters and would be happy to assist you. Visit www.kliszlaw.com to discuss your options. Tim Klisz

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Answered on 11/18/08, 2:46 pm
Fredrick Jensen Allegan Law Offices, P.C.

Re: will, with trust

Is there a Will and Trust (different documents)? Or is there a Will with Trust provisions? Is the car and home within the Trust or part of the Will? Depending on your answers, you may have to probate your father's estate. Also, should you be required to probate the estate, you would need to do so in the County in which your father last resided. Should you have any further questions, feel free to call our office.

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Answered on 11/18/08, 3:00 pm
Michael Love Law Office of Michael Love

Re: will, with trust

There are a couple of issues that seem to be in your question. One issue has to do with what property is governed by the will alone and what property is governed by the trust. The terms of the documents can be different, and apply differently to different pieces of property. It can also happened that property will pass through the will to the trust and then be ultimately distributed under the trust terms. Another issue has to do with your separate responsibilities to first, collect the properties subject to the will and trust. And second, to distribute those properties as each document directs.

Working through all of these issues by yourself might not be the best idea. You may want to bring your questions to a probate Atty. for a fuller discussion.

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Answered on 11/18/08, 10:25 pm


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