Bay City, MI asked in Estate Planning for Michigan

Q: How do I protect my personal equipment & property from being inventoried & claimed as my Dads trust personal property?

I purchased land with my Dad & Mom 20+ years ago as joint tenants w/ rights of survivorship. My Bros didn’t want to buy in. I built my home on it, they lived in town, we bought equipment - tractor, plow, disc, etc. Sometimes we split equip costs but we also purchased separately. My Dad listed in his trust 6 pieces of equipment he owned solely and also wrote in his trust they were to remain at our property. Mom then Dad died and bros are unhappy with Dads trust decisions. My bros are demanding inventory of not only Dads place, but also my home of 20+ years. Bros claiming Everything at my home is not mine but Dads personal property.

1. Will I be required to prove ownership of my personal property - equipment at my home of 20+ years?

2. Since tools & farm equipment do not have titles- what evidence would I have to present to prove I paid for and own?

3. Would a judge require the selling of the 6 items against my Dads trust instructions?

Thank you for your help.

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1 Lawyer Answer
Trent Harris
Trent Harris
Answered
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: I’ll try to make this brief. If your disgruntled brothers lawyer up and you don’t, yes as to #1 and maybe as to #3. If you lawyer up, the answers are the same but you will have a better chance of it. Here’s my take:

You said that the three of you owned the real estate as joint tenants with rights of survivorship. You do not state whether the land was placed in the trust or not. For my answer, I will assume that it was not. If mom and dad have both passed away and the real estate was not in the trust, then you don’t have to worry about losing the real estate or your home. But as to the personal property, there could be a genuine dispute as to whether it was in the trust or not.

As far as question #2, proof of who owns what, receipts, registrations, and certificates of title are the best evidence. Usually, but not always, whoever pays for something is the owner. So if you can get copies of invoices and receipts for your stuff, you’ll have a better go at it. Try going back to the people and businesses you bought the items from. They may have kept records even if you didn’t. Or, you could get a statement from someone verifying that on such and such date, you paid them for this item or that item.

Lastly, talk to an attorney. It sounds like you may end up in litigation. As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on information you get from internet discussion boards such as this one.

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