Legal Question in Wills and Trusts in Michigan

My mother wrote a handwritten change giving me everything because my sister was in the midst of a bankruptcy and she didnt want her money going to my sisters "big black hole" Holographic wills are valid in MI, but my sister is contesting the handwritten statements ,now I have to go thru Probate to prove the validity of her intent. She had a revokable trust also, which divided the assets in half, but her statement again changed that to all me.Does my sister have a valid claim? I cant get a straight answer out of the trust attorney.


Asked on 1/05/12, 6:43 pm

3 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

A last minute handwritten change to a real trust is very questionable. This sounds like a very big fight is in order between the two of you based on the facts. I would be happy to discuss the matter with you further for free. Contact me at (313)402-0853 or online at kliszlaw.com to get started. Tim Klisz

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Answered on 1/05/12, 6:52 pm
Glenn Matecun Matecun, Thomas & Olson, PLC

The Will (assuming it's valid) deals with distribution of probate assets only. It does not change the distribution of Trust assets (that is, assets titled in the name of the Trust). So, the Trust may still be valid if there are assets in the Trust, and it may have different distribution provisions than the Will. Normally, when someone prepares a Trust, they prepare a "Pourover Will" that says that all assets outside of the Trust will "Pour" into the Trust after death. This is not a simple analysis, and hopefully you have an experienced probate attorney to help you. Good luck.

Glenn Matecun

Michigan Estate Planning Attorney | Michigan Probate Lawyer

www.MichiganEstatePlans.com

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Answered on 1/05/12, 6:59 pm


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