QUESTION
Do I still collect rents while in limbo of my own property, and can my sister all of a sudden step up now?
Asked on Jun 12th, 2013 on Estate Planning - Michigan
More details to this question:
My sister was executor of Bellville trust after mom passed away 13 years ago dad grant deeded property to several children from trust to him as widower then widower to kids. She cashed 450 g life policy and left trust and fiduciary responsibilities completely unattended now she tied up property originally in trust claiming they were illegally transferred. Can she stop my transactions? Until court date. Do I still collect rents while in limbo of my own property, and can she all of a sudden step up now? She's just trying to cause problems and I’m going to lose them if I can’t sell them. Please help.
10 ANSWERS
I cannot tell from your message what has happened. You say that your sister was the executor of a trust. But, trusts have trustees. Executors run estates. These things make a difference.
Answered on Jun 12th, 2013 at 9:33 PM
You need to spend some money by hiring an attorney. The facts you give are somewhat confusing and I doubt anyone can give you a clear answer how to solve your problem without having all the facts. You sound as though you already have a court date and there are several children to share the cost of an attorney.
Answered on Jun 12th, 2013 at 9:33 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I am only licensed in Missouri. If this is an Illinois matter, you need to speak to an Illinois licensed attorney immediately. If she is doing something illegal or improper, you will need to get her into court.
Answered on Jun 12th, 2013 at 9:33 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I think you still collect the rents, but you will need to make sure you account for it. If your sister prevails, you may need to divide the proceeds. You really should consider retaining an attorney. It could literally save your inheritance.
Answered on Jun 12th, 2013 at 9:33 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain your self a probate/trust litigation attorney to represent you, if you do not already have one, to compel an accounting of the trust assets, income and expenses, and determine your responsibility re rents for property you apparently occupy.
Answered on Jun 12th, 2013 at 9:32 PM
Thomas Edward Gates
I would place the rent money in court registry until a decision has been made at the hearing. Since she disregarded her duties as trustee, you can (or should have) had her removed.
Answered on Jun 12th, 2013 at 9:32 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There are a ton of issues in that paragraph; you need a lawyer.
Answered on Jun 12th, 2013 at 9:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I'm afraid that your question is a bit too complex for this forum, and therefore the only advice I can give is that you will have to take all of the details to my office for another attorney for a thorough review. From the information given, it does appear that your sister is acting improperly.
Answered on Jun 12th, 2013 at 9:32 PM
2 Awards
It is possible but there is a paper trail that needs to be reviewed by an attorney and likely a court action. Before it is too late, I strongly encourage you to go to an attorney, take your documents, have them reviewed, and start the process.
Answered on Jun 12th, 2013 at 9:32 PM
You should retain an attorney to protect your interest.
Answered on Jun 12th, 2013 at 1:37 PM