Legal Question in Wills and Trusts in Michigan

My Father passed away from mesothelioma last year. First my siblings and I were told that we were the beneficiaries of the wrongful death suit,and that they needed our S.S#s, then we were told that the monies had to go into the irrovacable living trust, then we were told that, no the monies could not, go into the trust, then we were told that the monies HAD to go into the trust, but there was a paper we had to sign before we could receive a check. the paper we signed was filed with the State of Illinois and it stated that we wanted 100% of the monies to go into the trust. we all reside in Michigan as did my father. Was there any legal reason that these monies have to go into the trust. I have been told that wills and trusts are not recognized in wrongful death suits and by signing that paper we put the monies into the trust, when in fact they did not have to go into the trust


Asked on 10/13/11, 12:03 pm

1 Answer from Attorneys
John Tatone John R. Tatone & Associates PLC

I would have to see the document you signed before I could answer the question accurately. I am not aware of any Michigan law that requires money for the children to be given to a trust. However, if there is money designated for the decedant's estate and there is a "pour over" will into a trust, that may be the confusion. Please contact me if you would like to discuss this matter in more detail. 888-988-LAWS or [email protected]

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Answered on 10/13/11, 12:43 pm


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