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?

Related Topics:
2 Lawyer Answers
Andrew M Steiger
Andrew M Steiger
Answered
  • St. Clair Shores, MI
  • Licensed in Michigan

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.

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

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!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.