Asker
Posted over 14 years ago.
What petition would be used? There are so many and I'm not understanding which one to use to start the court proceedings
James P. Frederick Livonia Trusts Attorney
Posted over 14 years ago.
This is the kind of thing that you would need to draft your own petition, as there is nothing that would really fit, otherwise. You need to let the judge know what has taken place and the multitude of duties the trustee has failed to comply with. Under the circumstances, I think the trustee is VERY foolish for not using an attorney, and I think that you are going to need to take this to the court, as there does not appear to be any other way to get her to comply with the terms of the trust, AND with Michigan law.
Asker
Posted over 14 years ago.
The copy of the trust was picked up from the lawyer who did the trust, about a month ago. We always knew we were benificiary's, and the trust states what shares each benificiary would receive. The lawyer had no further information, the successor trustee is not using an attorney. The trust has real estate and assets to be divided into shares to 13 benificiarys. Including the successor trustee. The trust does not give an amount of assets only states that under 25 yrs of age can only receive $100,000 until their 25th birthday unless for school etc. the trust is known to be in the several millions, the trustee is say she " is fixing up an old house" which is not agreed upon by the benificiarys and really has no value therefore is kind of pointless. We know these things from driving by the property. The trustee never contacted any benificiary about trust death etc. it also states in the trust for her to send copies of everything being done with the estate to each beneficiary. We were unsure of how to go about this, and if bringing it to court would tie it up even longer.