REMOVED AS TRUSTEE IN MICHIGAN--A Message Posted by UP2HERE

[Dandy Don]

What is the name of your state? MICHIGAN

UP2HERE, you posted a message yesterday regarding being removed as trustee for a situation in Michigan by a sibling who claimed conflict of interest. I can't find your posting now so I don't know what happened to it.

I just wanted to mention that it is very important that you IMMEDIATELY go to the bank or financial institution that is holding the assets that you were named as jwros and ASK THAT A CHECK BE ISSUED TO YOU NOW for those assets. The concept of right of survivorship is a very basic legal concept and your sibling and the judge are trying to railroad you and cheat you out of this asset that you are legally entitled to. Get this money now so that it properly will not be added to the estate. Something is wrong when you were not told that this money was yours to claim, and his argument about it being a conflict of interest is very weak and truly BS.

You need your own attorney for counsel and stop relying on the estate attorney for guidance--he may be biased towards your sibling and you can therefore not expect him to be completely objective about your best interests.

What was the reason they gave you for being removed as trustee--it doesn't sound as if they truly had legal justification for doing so.

What is the value of the jwros accounts?

What is the value of this estate, NOT including the accounts?

Who is the decedent: a parent of yours?

The trust and the estate are 2 separate matters that do not interrelate unless all assets were put into the trust.

DANDY DON IN OKLAHOMA ([email protected])

 

[up2HERE]

Thank you for responding, Dandy Don!
"What was the reason they gave you for being removed as trustee--it doesn't sound as if they truly had legal justification for doing so." Conflict of interest, I guess. It was never spelled out exactly. And I've not received anything from the court. I did nothing wrong while Trustee... all trust assets and probate assets were delt with under the supervision of the attorney! I accounted to them every 3 months sending bank statements and a 'newsletter' of all estate business! Still didn't satisfy these vindictive beneficiaries whom I don't consider family any longer.
I appeared in court with the attorney for the estate who has been representing me in this matter. When our case was called my sibling's attorney started right in and read off a laundry list of complaints all of which were misleading or untrue while the estate attorney just stood there. He never spoke up for me - only pointed out to the judge that removing me now would serve no purpose, just simply cost the estate more money... to which the judge replied - "That's the way it goes sometimes"
When the subject of the joint accounts came up, the estate attorney said they were JWROS to which the judge replied..."THAT is a rebuttable presumption". That was all.
Nothing more was discussed. It was 4 hours of waiting and 10 minutes in front of the judge. The estate attorney said he didn't want to argue with the judge who appeared "cranky" because there was a courthouse screw up and the petition and other paperwork never made it to the judge prior to court.
I object to being removed only because it LOOKS like I did something wrong, but I am totally fine with it - a thankless burden - and as long as my sibling wasn't appointed I'm happy!!
Who is supposed to find my replacement?? Its over a month past the judge's deadline!!

What is the value of the jwros accounts? Total of all 4 accounts - approx. $110,000 BUT a few months after my parent died, I transferred to the estate account, 2 accounts totalling $60,000 to pay estate bills BEFORE I was told this absolutely belonged to me. I even mentioned I was going to the bank to do this to the attorney and he didn't say a word. The bank manager was the one who asked me WHY I was doing this. But I thought it was my responsibility to pay estate bills rather than just take the money!
Is this money recoverable? There isn't 60k in the estate account right now and even if there were - no one is authorized to write checks!
The balance of the money is in a CD in my name with my husband as POD. When it comes up for renewal I'll add him as jwros. I feel now as though the estate attorney cost me over 60grand.
What is the value of this estate, NOT including the accounts $300,500 plus - mostly due to the residence... which has not sold yet.
There is a balance of $25,000 in the estate acct.

There was a provision in my Father's trust stating that it was his "intention and desire that any accounts he owned at the time of his death, whether owned solely by him or jointly with one or more of his adult children be distributed in accordance with the terms of the trust" However, because these joint accounts were not in the trust, that provision won't necessarily help them, so my sibling's are trying to say I unduly influenced him and because I had POA (which I never used) the undue influence automatically kicks in and the burden is on me to prove otherwise. ??
These siblings only care about money - didn't bother to visit or provide any support, companionship or care during our parent's lives. One didn't even come back for our father's funeral!! The others started questioning me about money within 6 hours of our parent's passing!!

What happens to all the bills that are going unpaid? I've not received any order from the court, nothing is on the website - am I still officially removed?? Would I get in trouble for paying the utility bills - I just hate to see things get turned off while it's for sale and the condo dues is 2 months past due! The estate attorney says to let them go in arrears, but its hard to sit by and do nothing.

Thank you again for responding I truly appreciate your thoughts and advice!! sorry about the length and the missing post.

 

[Dandy Don]

Stop worrying about the utilities--the condo will sell whether the utilities are unpaid or not. Don't pay anything unless you want to tick the judge off.

Theoretically, yes, the monies you transferred into the estate account are recoverable by you, but you need to hire an attorney to get it done. There will be income into the estate from the sale of the condo, at which time you can file a claim with the estate for reimbursement for the expenses you paid (that the estate should have paid) or reveral/reimbursement for the monies that were improperly put into the estate account to begin with.

The provision in the trust about his "intention and desire" is not enforceable and is very poorly written (which is why I asked if he had an attorney help him draft it). The jtwros designation always overrides/takes precedence over any trust or will language and the problem here is that the judge SHOULD know that and not pay any attention to it but in this case if he is in a bad mood he wrongfully and unjustly rule against you (as he did before) by deciding not to have you repaid, which is why you need an attorney who will strongly defend your right to his money if he understands the legal concept of right of survivorship.

Get an attorney and go get your money!!!!!

DANDY DON IN OKLAHOMA ([email protected])