In case of my death

[Steffenfield]

I'm wondering what will happen.

I've been waiting patiently for the written portion of my father's estate and assets because I wasn't named the executor on this.

My adoptive sister (executor) seems to believe as though it's all for herself.

Not a drop given towards my way.

I even told her to give my share to charity in case she felt I wasn't deserving, but not to be short on the amount.

Will anyone care after I'm gone?

It's been 600 days now and counting.

She knows that I only needed some of the money, not all, for a medical expense.

I would just like to know if there is a way to follow up on her neglect after I'm gone.

From Michigan.

 

[Ohiogal]

is there enough in your father's estate to cover all his debts?

 

[adjusterjack]

Did your father have a will? Did your adoptive sister file the will with the court and open probate?

If yes to both questions, go get copies of the probate file from the courthouse and see what's going on.

If you aren't satisfied then I suggest you consult a probate attorney of your own and review your options.

 

[Dandy Don]

Probate can take a few months to be completed, so you should not expect a quick payout.

If you are due to receive anything from the estate, the executor will notify you by mail if he/she knows your mailing address or knows how to find it.

If there are not many assets then you probably should not expect to receive anything.

 

[Zigner]

Posting Hx.

https://forum.freeadvice.com/threads/looking-for-a-forensic-accountant.646502/
https://forum.freeadvice.com/threads/double-damages.646758/

Etc.

 

[Steffenfield]

There is no written will, just a living trust agreement.

There also is a very short, handwritten memorandum that states my adoptive sister should receive some jewelry and a vase.

In the trust agreement, we are to share the estate together and that probate is not necessary.

Both our parents had proper services provided by the military, and my father did good in the auto business.

She has been living in their home with her family all of this time.

I do have an attorney, but at $240 for his services per hour, I can only afford two hours of his time a month.

I was just was wondering if there is some kind of note or completed form to leave behind that an officer could pass along to a local detective.

Thanks.

 

[Zigner]

I was just was wondering if there is some kind of note or completed form to leave behind that an officer could pass along to a local detective.

Thanks.

This is not a police matter.

 

[HRZ]

Well if under the terms of the trust you co own the home, consider confirming with your counsel that you have right to show up with a uHaul and move in?

 

[ALawyer]

Check the manner in which title to the real estate (your late parents' home) is held. It may have been held in "joint tenancy" or some other form of joint ownership, in which case the surviving joint tenant would inherit it, regardless of what any Will or Trust says.

If title was held in the name of a Trust, that Trust continues to hold legal title, and the beneficiaries of the Trust would be entitled to inherit the home or the value of the home, all in accordance with what the Trust provides.

If it was held solely in the name of your father, and he died after your mother passed, then the beneficiaries named in his Will (if he had one and it was admitted to probate) inherit, although if he also had a Trust, and the Will provides his assets were to Pour-over to the Trust, then the Trust inherits, and from there, whoever was named beneficiaries of the Trust inherit.

As others have advised, also check the probate court records in the county where he resided, and where the house is located (if different) to see if a Will was filed for probate.

And get advice from the real lawyer you hired in Michigan (I presume) as to what you should do next as that lawyer should be far more familiar with the facts and the local law and procedures that we in cyberspace possibly can be.

 

[Steffenfield]

Check the manner in which title to the real estate (your late parents' home) is held. It may have been held in "joint tenancy" or some other form of joint ownership, in which case the surviving joint tenant would inherit it, regardless of what any Will or Trust says.

Okay.

So this is what happened over a year and a half ago.

My sister called me and seemed panicked, giving me short notice (less than 24 hours) on how she would make a long drive to come and see me.

She wanted me to go with her to the Secretary of State office and have me sign some forms or else her property renewal (?) with my dad's home would not be given.

If I didn't do this, herself and family would not be able to live there anymore.

I have no idea what any of that was about, but I declined because of the sudden notice, and all I had were like 5, out of focus phone pictures on the trust agreement she had given me, and none of them could be read at the time.

I said she could live there as long as she would like, but for some reason, this wasn't enough.

About a week later, my Aunt told me that I wasn't needed anymore and my sister did these things on her own.

In the trust agreement, she can do whatever she would like, as long as she gives me a 15 day notice, and anything she takes for herself, I receive the value percentage between the two of us on that portion.

I'll never see any of what our parents wanted for me, but her behavior has been criminal.

My original question is still the same.

Will anyone care on what she has done after I'm gone?

I don't understand why it shouldn't be a police matter if I left a note behind.

 

[not2cleverRed]

If you have a spouse and/or children, they might care.

If you have neither spouse nor children, and this is your only sibling, and you die without a will, then I doubt anyone will care.

 

[Zigner]

...

I'll never see any of what our parents wanted for me, but her behavior has been criminal.

...

Be careful when calling someone a criminal.

 

[Steffenfield]

Her husband is an ex-con who recently did a year's time in the joint for writing his name on other people's checks.

Her son, that is also living at our father's home, has his front Facebook page littered with pictures of drug paraphernalia.

As for her, withholding (stealing) more than $1,000 from someone where it's due is considered a felony here in Michigan.

But you are correct, Zigner.

I tend to only post on this site when I'm upset so I should be more careful with my words.

Sorry.

 

[Dandy Don]

What state is applicable here?

You should have gotten the assistance of an attorney a long time ago. There may not even be a will and she could have taken steps to title all of the assets in the trust. If your state requires that trust beneficiaries be notified, a letter to her from your attorney to ask for a copy of the trust will be the first step for you to begin finding out what is going on.