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Questions Answered by Jay E. Burrows
1 Answer | Asked in Estate Planning for Michigan on
Q: I have a question pertaining to a trust and possible tax burden against that trust.

My mother recently passed and had Annuities with an insurance company. The annuities are described in the trust as being for all of us. In dealing with the insurance company we were trying to determine if the trust was a pass-through trust or not and if we (the 4 of us) would be able to... Read more »

Jay E. Burrows
Jay E. Burrows answered on Jul 20, 2016

I think the annuity will have to be paid to the trust. However, if the trust distributes monies to the 4 of you during the same income tax year, the taxes on the annuities will pass through to the 4 of you. The trust must file a tax return to do this but the trust likely would have no tax... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: My father passed leaving his niece as executor. Do I have any rights to property before they sell it? i.e his truck

My father had a will, which has been put into probate. I wanted his truck, but a third cousin is asking for it. Does my being his kid give me any leverage in getting my dad's truck?? I'm being left out of most major decisions and I fear they will transfer that title before I can stop them.

Jay E. Burrows
Jay E. Burrows answered on Jul 20, 2016

The personal representative is responsible to generate as much as possible from the sale of the truck. Tell the personal representative you are interested and you want to buy the truck. Being a beneficiary gets you not discount or leverage, but the personal representative might agree to have you... Read more »

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