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In Michigan. my father is in a nursing home. My mother was just put into a group home. My sister and a law firm appointed by the

Detroit, MI |

court are their legal guardians. I didn't want the job. My sister plans to move them to Texas. There is a trust my father set up. He leaves the house to mom, money to me and others. My sister is the trustee. My sister is now trying to sell our parents home. When I went to my parents home yesterday, some of my sister's friends were there taking things from the house and said they had permission to be there from my sister and threatened to call the police if I didn't leave. My question is what would happen to the proceeds from the sale of my parents house and contents?
My sister sent me an email saying that she would cut me out of my inheritance . Given that she is the trustee, and I'm left money in the trust, would that be grounds to have her removed as trustee?

Attorney Answers 3

  1. You've got a very tricky situation that needs immediate attention from a probate attorney. I'm wondering why there is not a conservatorship if she has assets? I would be happy to discuss this with you in detail. Call me.

    My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Call me at (313)402-0853 to discuss your matter further.

  2. In each of the capacities your sister has (Guardian and Trustee, according to your question), she has a fiduciary obligation to act in their best interests. While this is not about you, their expressed intent is relevant in determining what is in their best interests but may be overcome by necessities related to their situation. In each capacity mentioned (Guardian and Trustee), she can be challenged in Court by questioning whether her actions are in their best interests. Her threat to cut you out of your inheritance is a bullying tactic that would not be allowed by a court but a court does not have the ability to correct all wrongs and could only address the issue by awarding damages. You need to contact an estate planning, elder-care attorney to discuss and address these issues. Since you are in the Detroit area, I would recommend that you call James P. Frederick, an experienced attorney, whose office is in Livionia, Michigan

    Donald B. Lawrence, Jr. (P16463)* THE HUBBARD LAW FIRM, P.C.* DID 517-886-7115 Fax: 517-886-7129 Email: The information provided does not constitute legal advice and no attorney client relationship exists based upon this response. Unless specifically noted to the contrary, information refers to Michigan law. Prior to taking action, you should consult directly with an attorney for specific advice based on a full factual disclosure about your own legal situation. This information is provided for your personal use and may be reproduced for non-commercial distribution. All copies must include the following copyright notice: Copyright © 2011 THE HUBBARD LAW FIRM, P.C. THE HUBBARD LAW FIRM, P.C.* 5801 W. Michigan Avenue, Lansing, MI 48917 Phone: 517-886-7176; Fax: 517-886-1080 *AV Peer Rated, Martindale-Hubbell® Please consider the environment before printing this response

  3. You should consult with an attorney immediately. You sister may have the authority to sell the home if that is necessary considering your parents' needs. However, she probaby does not have the authority to dispose of their personal items from the home to her friends and she certainly does not have the authority to threaten to cut you off. Consult with an attorney.

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