Utica, MI asked in Estate Planning and Probate for Michigan

Q: How can I get proof my brother and sister have poa and are trustees for her trust for my mother.

I have asked to see them but they have refused to show the documents to me

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

A: Your brother and sister have no obligation to share your mother's power of attorney or your mother's trust with you in a strict legal sense. If your mother is living, then it is likely the trust is revocable and she is the only present beneficiary of the trust, and no one else is entitled to any information about the trust until she passes away. Additionally, a power of attorney is confidential unless the principal consents to disclosure of its terms to a third party.

If you are hell bent on getting this information and honestly and sincerely believe that your brother and sister are NOT actually authorized as your mother's power of attorney or trustee, AND your mother is no longer capable of managing her own affairs, you could file a petition for guardianship or conservatorship for your mother. You would need to serve notice of this to your mother, brother, and sister because they are interested persons by court rule. At that point, if your brother and sister have power of attorney and trusteeship over your mother's property, you could obtain the documents through discovery.

It would be best for you to schedule an in-person consult with an experienced probate litigator if you wish to pursue this further.

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