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Beneficiary Rights

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TAM1087

Junior Member
What is the name of your state (only U.S. law)? Michigan

The trustee of the estate has asked the beneficiaries( I am one of them) to meet and discuss the estate. The trustee likely will want to know when we, the beneficiaries, want to do with the estate (take over or sell) and other information and discussion of the estate.
The trustee requested no spouses at the meeting. Though my spouse is not a listed beneficiary, I feel my spouse needs to understand first hand the financial impacts and doings of the estate. Do I have a right to bring my spouse regardeless of this request?
 


anteater

Senior Member
Do I have a right to bring my spouse regardeless of this request?
Sure, you have that right. And the "trustee" (or is it the executor?) has the right to boot your spouse and/or you out of the meeting.

Truthfully, since the trustee/executor is almost certainly not required to meet/discuss anything with any of you, I would accede to his/her request.
 

tranquility

Senior Member
You don't have a "right" to attend the meeting yourself. So, no, your spouse has no rights in this.

I completely understand the trustee's thoughts on the matter. The more people, the more problems. I rarely discuss such things with the spouses present. The beneficiary can relay any information they wish to their spouse.
 

latigo

Senior Member
Your spouse and YOUR ATTORNEY!!!!

And don't bother to inform this officious Trustee in advance of the sit down. Just show up with both of them in tow.

If he doesn’t like it, rermind him that he is free to resign.
 

anteater

Senior Member
Your spouse and YOUR ATTORNEY!!!!

And don't bother to inform this officious Trustee in advance of the sit down. Just show up with both of them in tow.

If he doesn’t like it, rermind him that he is free to resign.
I hope this is sarcasm.
 

tranquility

Senior Member
Actually, I suspect he's quite serious.

Even though the duty of the fiduciary under:

700.3703 General duties; relation and liability to persons interested in estate; standing to sue; accounting.
is:
(4) The personal representative shall keep each presumptive distributee informed of the estate settlement. Until a beneficiary's share is fully distributed, the personal representative shall annually, and upon completion of the estate settlement, account to each beneficiary by supplying a statement of the activities of the estate and of the personal representative, specifying all receipts and disbursements and identifying property belonging to the estate.
and:
700.3705 Duty of personal representative; information to heirs and devisees; notice to attorney general; notice of spouse's right to election; notice to friend of the court.
is:
(1).....The personal representative shall give the notice by personal service or by ordinary first-class mail to each person required to receive notice under this subsection whose address is reasonably available to the personal representative. However, the personal representative is not required to notify a person who was adjudicated in a prior formal testacy proceeding to have no interest in the estate. The notice required under this subsection must be in a form approved by the supreme court and must include all of the following information:

(a) That the court will not supervise the personal representative. This statement shall not be included if the appointment is made in a supervised proceeding under part 5 of this article.

(b) That, unless a person files a written objection to the appointment of the person named as personal representative in the notice or files a demand that bond or higher bond be posted, the person named in the notice is the personal representative without bond or with bond in the amount shown in the notice. This statement shall not be included if the personal representative is appointed in a formal appointment proceeding.

(c) The name and address of the person appointed as the estate's personal representative.

(d) That, during the course of administering the estate, the personal representative must provide all interested persons with all of the following:

(i) A copy of the petition for the personal representative's appointment and a copy of the will, if any, with the notice.

(ii) A copy of the inventory.

(iii) A copy of the settlement petition or of the closing statement.

(iv) Unless waived, a copy of the account, including, but not limited to, fiduciary fees and attorney fees charged to the estate.

(e) That an interested person may petition the court for a court hearing on any matter at any time during the estate's administration, including, but not limited to, distribution of assets and expenses of administration.

(f) That federal and Michigan estate taxes, if any, must be paid within 9 months after the date of the decedent's death or another time period specified by law, to avoid penalties.

(g) That, if the estate is not settled within 1 year after the personal representative's appointment, within 28 days after the anniversary of the appointment, the personal representative must file with the court and send to each interested person a notice that the estate remains under administration and must specify the reason for the continuation of settlement proceedings. If such a notice is not received, an interested person may petition the court for a hearing on the necessity for continued administration or for closure of the estate.

(h) The identity and location of the court where papers relating to the estate are on file.
I don't see spouses or attorneys or a meeting of this type mentioned as a duty.

I think the "trustee" (sic) is being very nice in talking to the beneficiaries. If people start bringing in attorneys and/or spouses, it will simply not be worth his while.

Besides, when a beneficiary starts insisting on things, the proper response of a fiduciary is to behave PRECISELY as required by law and fiduciary duties. This can be done in a way that, in interpersonal relationships, is often called passive-aggressive. I guarantee that a person who starts insisting things is certain to have the fiduciary do everything in writing and deliver the writings at only the required times. It is not likely a fiduciary will be removed for NOT breaching his duties under the law.
 

TrustUser

Senior Member
i agree. dont bring your spouse, as requested.

this is a first meeting with the trustee. why not at least see what he has to say, without pissing him off.
 

anteater

Senior Member
i agree. dont bring your spouse, as requested.

this is a first meeting with the trustee. why not at least see what he has to say, without pissing him off.
The world is about to end!

TrustUser agreeing with Tranq...

I am buying gold and heading for the hills.
 

tranquility

Senior Member
Actually, we agree a lot. I don't often send "I agree" posts.

It's just that when we disagree, it's a rumble for some reason.

(Although the gold and hills may not be a bad idea for other reasons.)
 

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