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How can you find out if a Trust has been registered to probate court?

Traverse City, MI |

The trustee is telling the beneficiaries the trust is private, if the trust has never been rgistered, does that mean we as beneficiaries have no right to ask the trustee about what bills if any have been paid, funeral expenses, medical, head stone that was ored but never paid for, and why we haven't recieved a copy of the trust?

Attorney Answers 2

Posted

The will is filed with the probate court, the trust is not. The executor of the estate must account for the estate administration and you can demand an accounting of all activities related to the estate. As a beneficiary of the trust, you should demand a copy of the trust. I am not a MI lawyer so I can not advise as to the legal requirements as to providing such notice. But the goal here is that the trustee's activities should be transparent and readily reviewable not secretive. For all of these reasons, you need to retain an estates attorney to protect your interests and get this trustee to be more open with YOUR assets that are in his safekeeping.

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Posted

Trust registration in Michigan is optional unless the trust requires it. However the Trustee has a duty to keep the beneficiaries informed (unless the trust states otherwise-which is unusual). Write the trustee and request a copy of the trust as well as the income and expenditures of the trust. Set a deadline in your letter like 21 days, then if you do not have your information, hire a local probate attorney to file a petition with the probate court in the county in which the grantor (person who created the trust) resides.

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