Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My husband's mother passed away in 2013. His brother (whom…

Customer Question
My husband's mother passed...

My husband's mother passed away in 2013. His brother (whom he does not have a good relationship with) was appointed Trustee of the Trust she set up for her kids. We never received a copy of the Will or Trust and kept on asking for it... He was very reluctant to give it up. There was an Amendment attached that indicated she has a "Journal" which will be kept with her important papers. This Journal will have a record of all gifts and loans I have given my children throughout my life. Loans with a balance after my death will be deducted from their part of the inheritance. We asked about the Journal and the Trustee is telling us he has never seen it. The Journal was written in 2010 and she passed away in 2013. She was a very organized woman, what should we do?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Michigan

Lawyer's Assistant: What documents or supporting evidence do you have?

He gave us a copy of the will and trust after over 2 years of asking for it! My husband is named in the Will/Trust.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The Trust also indicates that each child is suppose to receive an annual/if not more often itemized expense/transaction register for the Trust that we have NEVER received.

Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
11/16/2017
Lawyer: Ely, Counselor at Law replied 8 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. If you believe that the money distributed is not being proper due to the Journal's entries, and the Journal would prove that, someone in your situation has the right to file a pleading in the probate court to force the Trustee to locate the Journal and provide it to the Court for review - and adjust the payouts accordingly.

The problem is that if he says he does not know where it is, it is hard to prove otherwise. How do you prove that he has something if you do not have any proof he does?

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
103,583 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,583 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
When my dad passed away in 2002, his estate was set up in a
When my dad passed away in 2002, his estate was set up in a trust, with my step mother as the trustee. The trust was meant to support her until her death. should we be receiving some sort of accountin… read more
Bill Attorney
Bill Attorney
law
2,637 satisfied customers
My husband is in charge of his Grandmothers trust. We have
My husband is in charge of his Grandmothers trust. We have some questions in regards ***** ***** we can do legally within the perimeters of the trust. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
4 satisfied customers
Thank you in advance for your assistance.Need your
Hello. Thank you in advance for your assistance.Need your asistance,please. In 1995, hubby and I received a bonafide gift with gift letter from my parents in the amt of $69K for down payment of our cu… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
922 satisfied customers
My father-in-law passed away about 2 years ago and we are
My father-in-law passed away about 2 years ago and we are trying to get everything settled. Now he had a trust set up for property and the like but he also had savings bonds. The trustee asked his bro… read more
Bill Attorney
Bill Attorney
law
2,637 satisfied customers
I am trying to determine if a trustee of a trust established
I am trying to determine if a trustee of a trust established under Louisiana trust laws can be criminally charged for misappropriated funds of my grandchildren's trust that was established in their na… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
We have a question or two. My husband's sister lived at the
We have a question or two. My husband's sister lived at the mother's home when the father passed with a trust but no filed will, he said the trust would be managed by himself, his wife etc and that th… read more
Bill Attorney
Bill Attorney
law
2,637 satisfied customers
Could it be a considered a breach of fiduciary duty if a
Could it be a considered a breach of fiduciary duty if a trustee has the assignment of rents on property that is rented and in default and does not use the assignment of rents.… read more
Loren
Loren
578 satisfied customers
My mother gifted her home to me back in 2012 along with all
My mother gifted her home to me back in 2012 along with all personal property. In 2013 she was placed in a nursing home due to needing 24hr care. Late 2013 she passed away. Prior to gifting the home t… read more
socrateaser
socrateaser
1,452 satisfied customers
My sister borrowed money $200,000 against her trust to buy
My sister borrowed money $200,000 against her trust to buy another house she wants me to have the one she moved out of I gave her money over the last 5 years when the trustee wouldn't do to fact it wa… read more
Richard
Richard
Owner
Doctoral Degree
4,519 satisfied customers
Our father passed away this passed summer. My brother was named
Our father passed away this passed summer. My brother was named the trustee of the trust left by my dads sister. Dad was the trustee before he died. She put her house in the trust and the sale of the … read more
Richard
Richard
Owner
Doctoral Degree
4,519 satisfied customers
Here is the 3 emails I need help with Dear Family and Friends
Here is the 3 emails I need help with: Dear Family and Friends of Serene, Since March 2010 Alex and I have had majority control of the Serene Trust, which includes Serene's condominium, jewelry, artwo… read more
Nate
Nate
Managing Member
Juris Doctor
2,607 satisfied customers
My father-in-law was 81 and passed away on June 30th, 2010.
My father-in-law was 81 and passed away on June 30th, 2010. He lived with this ladyfriend and paid for her rent, utilities, and other expenses while living with her. At the time of his death, my husba… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
67 satisfied customers
My husband was named executor of his parents estate and irrevocable
My husband was named executor of his parents estate and irrevocable trusts in Lodi, California almost 20 years ago. 5 years ago his father died. 2 years ago, his mother, who has dementia changed the e… read more
Loren
Loren
578 satisfied customers
Two weeks after my husband and I were married in November of
Two weeks after my husband and I were married in November of 1999, his mother deeded her home to him via a quitclaim deed with covenants for $10. In April of 2008 (1 month prior to our separating and … read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
My husbands family sued a company for their mothers death.
My husbands family sued a company for their mothers death. My husband said he did not want the money, that he wanted it to be donated to HOSPIS.....................Hospis sent him a thankyou letter fo… read more
attySince1978
attySince1978
Doctoral Degree
925 satisfied customers
my grandparents have both passed away and their assests ...
my grandparents have both passed away and their assests were all attached to a trust . how and where do i file the notice of trust?… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
Adding names to house deed while owners are still living.
My grandparents own their home so there's no mortgage on it. Their health is declining. I am already the durable power of attorney. If they added me to the deed to the house now while they are still l… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I loaned a friend $6,800 and she said she would pay it back ...
I loaned a friend $6,800 and she said she would pay it back in a year. She didn't want to sign a promissory note because she said that meant I didn't trust her and that her word should be enough. More… read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x