Davison, MI asked in Probate for Michigan

Q: IF dead parent left a trust, how can one find out? no communication between siblings.Is there anything that can be done?

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2 Lawyer Answers

A: Trusts are generally private documents that do not require public filing like a will or disclosure in probate. A will may reference a trust and disclose its existence. You may also search public records for property that is commonly put in a trust, like a home, that would require a deed listing the trust as the owner.

A: One of the biggest fallacy pushed by the 'trust mill' scare mongers, I mean "planners" (note the quote) is that 'everyone needs a trust' or 'everyone needs to avoid probate'.

You've raised the single most common and frustrating aspect of Trusts and why sometimes they are WORSE than probate. That is they are PRIVATE documents that if you don't already know about and know where to find, may be next to impossible to discover.

You are now forced into cooperating with your siblings and treating each other fairly. This could actually be a blessing but it WILL require the affirmative action of all the sibs to work together to get this resolved. If you cannot, you can certainly take the trust into Probate and have it administered there, but I STRONGLY urge you to consult with a local probate attorney to insure you do that properly and don't end up spending even more than you would otherwise. 'Forcing' cooperation is rarely ideal and often expensive.

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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