What is the name of your state?Michigan
Kent County
My father passed away. He had a pour-over will and trust. Unfortunately, he had some bank accounts titled in his name only, not in the name of the trust, so they had to go through probate. The Personal Representative, who is also his spouse (2nd wife, younger, opportunist), took the opportunity to then take all the probate allowances, including the Homestead Allowance, Exempt Property Allowance, and Michigan $27,000 Family Allowance. We doubt my dad intended that. We are trying to dispute that statutory Family Allowance as it must be "reasonable" and "necessary" and she must consider factors such as other assets available to her, or other allowances. We wanted to see if anyone else has been successful in disputing the statutory amount, or lowering it, or whether the local judges are just approving it because it's the statutory amount?
The spouse was provided for in the trust. She got an immediate cash payout on death, and a house, and the most valuable of her husband's tangible personal property (artwork, collectibles, etc) worth a substantial amount. The spouse and my dad both had separate and individual trusts, and both had children from previous marriages, but none together. Their trusts do not name each other's kids as beneficiaries. They also kept their finances separate, and even had a prenup, that later became my dad's trust. Her trust has substantial assets. My dad's trust had well over $1 million in value in it at his death, about 33% in real estate, and the remainder in low rate CD's.
The spouse/PR did not even take the Family Allowance until 13 months after my father's death, and she took it as a lump sum, and she didn't take it in cash. She had the trustee invest it in mutual funds, and then had the mutual funds transferred over 5 months later.
The spouse/PR had almost no expenses, as she got the house transferred free and clear, but delayed the transfer for 11 months, during which time she charged her living expenses (HOA fees, taxes, maintenance, assessments) to the Estate account. It was a trust asset, but she charged the house costs to the Estate account personally. They owned vehicles outright, she got his social security, they didn't have hired help, and didn't live extravagantly (no country clubs, etc).
I'm asking about this on its own, but also because the spouse has charged over $100,000 in fees and allowances to the Estate and she's not done. She is milking it for all its worth, and it all comes out of the shares that my siblings and I would have split.
Kent County
My father passed away. He had a pour-over will and trust. Unfortunately, he had some bank accounts titled in his name only, not in the name of the trust, so they had to go through probate. The Personal Representative, who is also his spouse (2nd wife, younger, opportunist), took the opportunity to then take all the probate allowances, including the Homestead Allowance, Exempt Property Allowance, and Michigan $27,000 Family Allowance. We doubt my dad intended that. We are trying to dispute that statutory Family Allowance as it must be "reasonable" and "necessary" and she must consider factors such as other assets available to her, or other allowances. We wanted to see if anyone else has been successful in disputing the statutory amount, or lowering it, or whether the local judges are just approving it because it's the statutory amount?
The spouse was provided for in the trust. She got an immediate cash payout on death, and a house, and the most valuable of her husband's tangible personal property (artwork, collectibles, etc) worth a substantial amount. The spouse and my dad both had separate and individual trusts, and both had children from previous marriages, but none together. Their trusts do not name each other's kids as beneficiaries. They also kept their finances separate, and even had a prenup, that later became my dad's trust. Her trust has substantial assets. My dad's trust had well over $1 million in value in it at his death, about 33% in real estate, and the remainder in low rate CD's.
The spouse/PR did not even take the Family Allowance until 13 months after my father's death, and she took it as a lump sum, and she didn't take it in cash. She had the trustee invest it in mutual funds, and then had the mutual funds transferred over 5 months later.
The spouse/PR had almost no expenses, as she got the house transferred free and clear, but delayed the transfer for 11 months, during which time she charged her living expenses (HOA fees, taxes, maintenance, assessments) to the Estate account. It was a trust asset, but she charged the house costs to the Estate account personally. They owned vehicles outright, she got his social security, they didn't have hired help, and didn't live extravagantly (no country clubs, etc).
I'm asking about this on its own, but also because the spouse has charged over $100,000 in fees and allowances to the Estate and she's not done. She is milking it for all its worth, and it all comes out of the shares that my siblings and I would have split.