Legal Question in Wills and Trusts in Michigan

A friend of mine was diagnosed with terminal cancer. Her parents have only a trust that designates that their five children split five ways. Should one of their children pass away the monies is then split four ways. Is there any way that if my friend were to have a will she could pass on her portion to her children.


Asked on 3/13/11, 12:35 pm

3 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

She can only control what comes to her. If she passes and that cuts off her share from her parents trust, that is their business and nothing she does can change that. Maybe speaking to her parents could prompt them to change their trust. Kliszlaw.com. Tim Klisz

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Answered on 3/13/11, 1:18 pm
John Tatone John R. Tatone & Associates PLC

I agree with Mr. Klisz. However, it sounded like your friend's parents may have already passed or they have become incapable of changing the trust. If so, maybe speaking with your friend's siblings about this situation could help. They could each donate the "extra" share that they are recieving to a trust for the benefit of the children. If you or they would like my help in this regard, please call 888-988-LAWS (5297) or contact me at [email protected]

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Answered on 3/13/11, 5:26 pm
Jules Fiani Law Offices of Jules N. Fiani

You ask an interesting and unique question. You certainly have rights in this matter. However, you left out certain details so I would have to ask you a few questions in order to give you the best and most accurate response and answer any additional questions of yours. Please call me at 586-457-5501 so I can answer your questions.

Law Offices of Jules N. Fiani

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Answered on 3/14/11, 9:28 am


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