STATE OF MICHIGAN
PROBATE COURT
COUNTY OF OAKLAND
PETITION TO COMPEL DISTRIBUTION OF ESTATE AND ORDER THEREOF
FILE NO. __
In the matter of [Redacted Trust Name].
NOW COMES the undersigned Beneficiary in the above-referenced Trust and respectfully petitions this Honorable Court to compel the distribution of remaining estate assets as follows:
FACTS
The Petitioner is one of four beneficiaries of the Trust. Following the death of the settlor in 2009, nearly all Trust assets were distributed except for an eight-bedroom summer residence, an adjacent undeveloped lot, household contents including multiple boats and furniture, and residual funds held in specified financial institutions.
An agreement among the beneficiaries was made in 2009 to fund a Trust account with contributions for ongoing maintenance of the residence. Rental and usage fees were to be allocated through a secondary account for minor expenditures. Due to significant discrepancies in accounting practices and conflicts between the Petitioner and the remaining beneficiaries, the Petitioner requested final distribution. Instead of agreeing to a sale, the co-beneficiaries proposed a buyout.
Subsequently, one co-beneficiary claimed that a document allegedly drafted under the direction of the deceased settlor excluded the lot and certain funds from the Trust. The Petitioner disputed this claim and obtained a professional appraisal for both properties in July 2014, which was reviewed and agreed upon. A spreadsheet detailing asset values and a final distribution proposal was accepted by all parties.
The following day, the co-trustees introduced an unverified claim that property valuations should be discounted for hypothetical real estate commissions, which the Petitioner contested. A compromise was offered by the Petitioner based on actual sales data, but this was rejected as the trustees asserted no intent to liquidate the properties.
Efforts to resolve the matter through legal counsel were delayed and obstructed by the co-trustees. In November 2014, a meeting was finally held with legal counsel. At that meeting, it was revealed that promised appraisals had not yet occurred. A subsequent appraisal was conducted and a distribution agreement was drafted, but it contained inaccuracies and omissions, leading to its rejection by the Petitioner.
The Petitioner then demanded full disclosure of all Trust assets. Only then was it revealed that additional accounts existed, funded by Trust income, which had not been disclosed. Legal counsel advised the Petitioner that the co-trustees’ actions could constitute embezzlement. Despite sharing this legal opinion with the trustees and urging a fair resolution, the Petitioner was met with accusations of extortion and further familial tension.
Over multiple years, the Petitioner’s calls, emails, and messages were ignored. A formal demand by an attorney retained by the Petitioner also yielded no response. A message received in 2016 from one co-trustee confirmed no intention to communicate further unless at their discretion.
While the co-trustees benefitted from continued control and use of the Trust’s real property, the Petitioner received no benefit. This prolonged inaction appears to be a strategy to increase personal gain from funds that were rightfully the Petitioner’s share. The Petitioner has had no access or use of Trust property since mid-2013.
During this time, the trustees committed multiple breaches of fiduciary responsibility, including failure to account for all Trust assets, diversion of funds into personal accounts, and unauthorized control over newly created financial accounts falsely labeled as Trust accounts.
Additionally, the Petitioner discovered co-mingling of personal and Trust assets by a co-trustee, who refused transparency in account access. Another trustee withheld significant investment records for years, disclosing them only when prompted by discussions about acquiring new property.
A separate entity was created with a misleadingly similar name to the Trust to avoid recognition by relevant associations and obfuscate ownership of assets including a watercraft. This misrepresentation potentially voids the liability coverage on said watercraft and exposes all beneficiaries to personal liability in the event of an accident.
The Petitioner contends that a document, falsely presented as originating from the deceased settlor, was fabricated to manipulate asset distribution in contradiction of prior statements. The trustees’ conduct has consistently been evasive, uncooperative, and self-serving.
The Petitioner incurred substantial financial harm due to delays, including the forced early withdrawal from retirement savings, which could have been avoided had timely distribution occurred. The trustees themselves emphasized the value of time in investments, as shown in their correspondence, but ignored the Petitioner’s right to similar economic opportunity.
The originally agreed distribution of $81,445 in 2013 would now be worth significantly more had it been timely invested. Instead, the trustees’ inaction deprived the Petitioner of financial growth and caused tax penalties and lost future gains.
The Petitioner fulfilled all duties as co-trustee, including extensive correspondence, research, and out-of-pocket expenses, which remain unreimbursed. Items purchased for Trust property have not been compensated. Repeated efforts to honor the original intent of the Trust and avoid litigation were disregarded.
Breach of Trust
Trustees are required by law to act prudently and in the interest of beneficiaries. The Michigan Trust Code, and supporting case law, holds trustees accountable for failure to maintain accurate records, disclose assets, and act with impartiality. The trustees in this matter failed in these duties and thereby breached their fiduciary obligations.
Abuse of Authority and Commingling of Funds
The trustees used their authority to establish undisclosed accounts and misrepresent the ownership of Trust assets. Personal and Trust assets were co-mingled, in direct violation of state law. This conduct constitutes a misuse of authority and raises significant ethical and legal concerns.
Fraud and Misrepresentation
Evidence supports that material misstatements were made, including falsified documents and deliberate concealment of assets. These misrepresentations were intended to manipulate the Petitioner’s expectations and resulted in quantifiable damages.
CONCLUSION AND PRAYERS
Wherefore, Petitioner respectfully requests this Honorable Court to issue:
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An Order directing the sale or appraisal of the remaining properties and distribution of proceeds per Trust terms.
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An Order awarding consequential damages based on lost investment opportunity, or in the alternative, an equitable amount as the Court deems just.
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An Order for reimbursement of $1,450 in co-trustee expenses.
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An Order awarding $9,945 for time and effort spent on Trust duties, plus attorney’s fees.
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An Order sanctioning the trustees for violations of fiduciary duty under Michigan law.
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Any other relief deemed fair and just by this Court.
Dated: ___
Respectfully Submitted,
[Name Redacted]
STATE OF MICHIGAN
PROBATE COURT
COUNTY OF OAKLAND
ORDER
FILE NO. __
This matter having come before the Court and after consideration of the submissions, IT IS HEREBY ORDERED that the petition is GRANTED.
Date: ___
Judge: ___
Bar No.: ___
I certify that on [DATE], copies of this Petition were served upon all interested parties at their last known addresses.
[Signature Redacted]
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