Legal Question in Wills and Trusts in Michigan
My parents asked me to sign their Revocable Trust as successor trustee in 1991 in Michigan. My father pasted away in 1998 and my mother passed away in 2010. The beneficiaries named in the trust now claim that they are intitled to open medical and financil records for the trust back to its creation. The trust that I signed and agreed to did not have those stipulations. It stated that I could never be brought to court for an accounting of what I had done for them. What laws am I bound to. I have provided the beneficiaries with federal income taxes from 2006 to my mothers final return of 2010. Is this trust in effect as it was agreed upon, or am I leagally bound by new laws?
2 Answers from Attorneys
There are lots of issues here, including several relating to the statute of limitations for a trustee's liability. For example, there were three changes to the trustee liability statute of limitations since the year 2000 (2000, 2004 and the new Michigan Trust Code effective April 1, 2010). You are looking at complicated issues as to which law applies and what your duties are. Also, no matter what the trust says, the beneficiaries can always file a petition with the court to have a judge rule on these issues. You should retain an experienced probate and trust attorney to help you respond to the beneficiaries. The trust will have a specific provision allowing you to hire an attorney and pay legal fees from the trust assets. A good attorney will review the documents and tell you what documents you need to provide, and also tell the beneficiaries they are out of line.
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