Q: My Aunt died this year. She had always told me there would be money for me. The Trustee, says she didn't name a
beneficiary. I am now told the trustee can actually keep all of the assests. Do I have recourse?
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A: You should hire a Michigan trust administration attorney to help you sort this out. At the very least, the attorney can write a letter to the trustee demanding a copy of the trust and an accounting. Do not delay. If you wait too long you may lose your rights as a legal matter due to the passage of the limitations period or as a practical matter due to dissipation of assets.
A:
This is more of a probate question. Assets that your aunt owned in her own name at death will pass based on her will, or if she had no will then by intestate succession. If the assets were in a retirement account like an IRA, 401(k), or similar then they would pass according to any beneficiary designation. If there was not a beneficiary designation then the assets would go back to your aunt's probate estate.
Are you entitled to any of your aunt's assets? No one can say without getting a lot more information from you. Your best bet is to get a consult with an experienced probate attorney who can help you sort this out. Many, like myself, offer free consultations.
Kenneth V Zichi agrees with this answer
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