Legal Question in Wills and Trusts in Michigan

Re: trust law

Assuming these Estates are all in Michigan, it really depends on the position she was in under her father's estate. Did she survive him? Was probate started before her death? If so, you will need to open up her estate and then collect her share from the fathers estate. You might also need representation to move that estate along. I would be happy to consult with you on these matters, as I have over 12 years handling these kinds of probate matters. Visit me at www.kliszlaw.com to discuss. Tim Klisz

Re: trust law

You should become appointed as the personal representative of her estate. Go to the probate court in the county in which she died and inquire of the clerk what needs to be done to open an estate and become appointed PR. You should then hire an attorney to represent her estate in seeking her share of the trust.

If you have further questions or concerns, please do not hesitate to contact me via my website at www.lawrefs.com.

Re: trust law

The answer to your question depends on what the trust says. If the assets vested in your wife and she was or now her estate is entitled to them, you will have to initiate an "informal probate" to collect the assets. If the assets did not vest in your wife, then it will depend on what the trust says pertaining to your wife predeceasing the distribution of her entire share.

I have over 28 years of experience in Trusts and Estates and in fact this is all we do. If you would like some assistance please visit our website for more information. www.tcfel.com

Don Rosenberg