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sunnyMI · Mar 28, 2009, 08:12 AM

I'm asking this on behalf of my husband and his sisters. My father-in-law passed away and had many trusts set up for his children and grandchildren. Over the past year, their step-mother has liquidated many of the assets and sold property that the children believe their father had set up to be divided among them. There are many unanswered questions and their step-mother will not allow the to see the Will. Is there anyway they can gain access to their father's will without having to go to court at this point?

stevetcg · Mar 28, 2009, 08:15 AM

Probably not, although a probate lawyer might be able to convince the step mother to produce it without actually going to court.

JudyKayTee · Mar 28, 2009, 08:49 AM

It should be on file with the Court and the Court should allow you to see it - what State?

In NY every possible heir (obviously children) receives a copy of the Petition for Probate and a copy of the Will.

If the holdings were held in a trust in most cases - if the trust was properly prepared - the widow cannot break it. Were there clauses allowing her to tap into the resources?

(It would involve you physically going to Court but not filing any type of action.)

ScottGem · Mar 28, 2009, 08:54 AM

In addition to what Judy said, the administrator of a trust is required by law to supply a periodic accounting to the beneficiaries of the trust.

If the step mom is not giving these then she can be removed as administrator and a full accounting performed.

The children and grandchildren should band together to hire an attorney to force the stepmother to produce the will and an accounting of the trusts.

A trust, by the way, is usually distributed to the beneficiary outside the estate so would not be mentioned in the will, unless it was the will that setup the trusts.

sunnyMI · Mar 29, 2009, 09:28 AM

Originally Posted by JudyKayTee

It should be on file with the Court and the Court should allow you to see it - what State?

Michigan. How do they know what court to go to as their step-mother will not share anything with them?

Thank you!

JudyKayTee · Mar 29, 2009, 10:22 AM

It's the Probate Court - or the Court that handles Probate Matters in Michigan - for the County where the decedent lived.

ScottGem · Mar 29, 2009, 05:34 PM

Go down to the local courthouse and ask what court handles wills and estates. Its usually called probate court, as Judy said.

Fr_Chuck · Mar 29, 2009, 05:51 PM

The court where the person was living at when he died, should be the one handling it.

sunnyMI · Mar 31, 2009, 03:20 PM

Originally Posted by ScottGem

Go down to the local courthouse and ask what court handles wills and estates. Its usually called probate court, as Judy said.

The probate court stated there was no will on file. Could there be a possibility that their step-mother didn't file it or is this something that is done upon setting up a trust? Thank you for your time and advice.

JudyKayTee · Mar 31, 2009, 03:31 PM

Originally Posted by sunnyMI

The probate court stated there was no will on file. Could there be a possibility that their step-mother didn't file it or is this something that is done upon setting up a trust? Thank you for your time and advice.

If there's no Will I still would have to believe there is a probate action. No probate? Maybe everything was held joint with his wife and there was no need for probate?

If you think she's disposing of assets (and didn't she say there's a Will?) then you have no choice but to obtain legal counsel before this goes beyond the "redemption" point.

Must be frustrating - !

ScottGem · Mar 31, 2009, 04:26 PM

As I said previously, trusts often take the place of a will. So your father may have setup the trusts in lieu of a will. That may be why there is no will filed.

But in that case, you need to get the details on each trust. You need to find out who created the trusts, who the beneficiary is etc.

If the step mom is not giving you this info, you need to get a lawyer involved.