Legal Question in Wills and Trusts in Michigan

Beneficiary Question

Before my mother passed away, she had verbally told relatives that she wanted me to have her car. There is no record of a beneficiary in her Will or her Trust. I contacted the Trustee of the estate, and he stated he spoke with the attorney handling the estate, and this was his response: ''His answer (the attorney) was that the car was never discussed in the Trust documents or the Will, and that, as Trustee, I have no choice but to assign the title of the car to the appropriate named Beneficiary.'' Who is the ''appropriate'' named Beneficiary?


Asked on 11/05/08, 8:18 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Beneficiary Question

There must be someone named in the Trust as the beneficiary or they are simply saying it goes into the residuary clause of the will, turning it back there. Do you have a copy of the will and trust? I would get it and see. Visit me at www.kliszlaw.com to discuss. Tim Klisz

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Answered on 11/05/08, 8:20 pm
Christopher Berry Witzke Berry PLLC

Re: Beneficiary Question

Most likely he is referring to whoever inherits the residue of the estate.

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Answered on 11/05/08, 8:43 pm


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