Confusion on a will and trust

What is the name of your state? Michigan, Livingston County.

Hi my name is David Pilnick,

Any help you could give me would be greatly appreciated re: These questions The problem is lengthy I will try and keep short as possible. I will give a little history first.

My son who is 12 years old and witch I have sole legal custody because his mother was killed 3 years ago, Me and his mother where never married and split up 2 years prior to her death. His mother left a will and trust in my sons and his brothers name just those two, The other son was not mine and living with her immediate family.

A house and personal belongings were to go to the boys and any other insurance there might have been untill the boys turned 18 years of age witch the other son now is.

The mothers family held 3 fund raisers for the boys shortly after their mothers death,
also sold the house for more then was owed so there is a considerable amount that should be going to the boys among other items.

My relashionship with the other family is strained at best, Because they were very upset I would not give up my son and have him go live with them and his brother, i just could not let my son go just because the other father chose to do so.

My question and problem is because I am not working and cannot afford a lawyer any more to pursue my issue and I can get no response or answer from the mothers family and they are the executers of the estate, How can I find out what my son is intitled to and how they are using the money?
There have been questionable purchases by the family shortly after the mothers death.
How can I make sure my sons monies are being looked after properly?


Sincerly

David J. Pilnick

The executors had a legal responsibility to send your son a copy of the will and/or trust if there is a trust. Did they do so?

If not, go to the county courthouse probate court and look at the probate file (assuming that they even filed probate) to see how the estate was handled.

If there was no probate his mother may have had all of her assets put into the trust, in which case you will need to ask the family who the trustee is. Since they appear to be uncooperative, you may have no choice but to interview with about 5 different probate attorneys until you find one willing to help you (plead that you are impoverished--but if you are a working man it's hard to see how you could not afford an attorney). This is not a do-it-yourself project--an attorney may need to write a letter on your behalf to the executor and/or trustee which they will take more seriously when they see you have legal help that it will cause them to be more communicative in giving you the information you need for your son.

Hopefully they have set up a trust account for your son's share, and if they haven't, your attorney can find out now in order to bring charges against them or do whatever is necessary for them to make restitution.

DANDY DON IN OKLAHOMA ([email protected])

confused

Thanks for your reply dandy,

I will go to the court to find any other paper work,
Yes I did receive a will shortly after his moms death,
I have been out of work for sometime now and have seriously been searching had a number of interveiws turned down because of over qaulified, so it has been tough meeting my current bills,
I have had to replace all of my sons items- clothing, bikes, games etc because all I ever got back from the family was 1 Small plastic grocery bag of clothes from them

But my real question is There must be away i can find out that my sons monies are not being misspent or that they are at least being invested wisely, I am his legal gaurdian and he is under age. I would think I would be intitled to statements re: that issue with out having to hire an attorney.

Needless to say I still let him vist with the other family whenever they call and asked to
for birthdays get togethers or whatever, Most of the time I am the one doing the drop off and pick ups for my son.

Thanks again and any advice I can get I will certainly try to put to use!

confused

Hi again,

I did have a attorney for awhile and a court ordered gaurdian ad lidum( hope I spell that correct) For my son, still could get no answers, Witch just make me think there my be something to hide? the court ordered ad, was just useless
And that does bring me to onther question if the court ordered the ad-
am I the one responsible to pay him because he has been sending me bills for the amount of 650.00 dollers???

Thanks again

David J Pilnick