What to do if my husband’s greatuncle died 4 years ago and left a Trust but the Trustee is withholding a distribution to one of the beneficiaries?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my husband’s greatuncle died 4 years ago and left a Trust but the Trustee is withholding a distribution to one of the beneficiaries?

He had well over a million in assets. My husband’s brothers and sisters all received their portion of the inheritance. However, my husband and I have our issues (marriage problems) with each other and my husband’s mom does not like me. She had power of attorney and handled everything in the trust, including the sale of my husband’s greatuncle’s property. This was a Trust, not a Will, from what I understand. Can she withhold my husband’s money? I know he is listed in the Trust.

Asked on March 26, 2013 under Estate Planning, Michigan

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Obtain the services of a probate/litigation attorney to file the necessay petition to compel an accounting of the assets, income and expenses of the trust,  provide a copy of the trust to determine who the beneficiaries are, and their respective shares. As to your mother in law exercising a power of attorney after death of trustor, I don't see how, as the power of attorney dies with the maker of the power; she must have been the first trustee after death of the trustor/trustee. and she can be liable for wrongfully withholding your husband's share, if he was entitled to a share.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption