Whether you are a personal representative, an heir, a creditor, a named beneficiary, an omitted child, or a widow/widower, a probate litigation attorney in your area can help address your questions and navigate the entire process, so that you can secure the best possible outcome for your situation. Can a personal representative resign. When someone passes away, their assets must be collected and distributed and their estate must be guided through Michigan's probate courts. In this guide, we will provide you with all the information and steps you need to successfully remove a personal representative from an estate. A beneficiary might not be happy with the way in which a PR is conducting the estate administration, or they may not be happy with delays due to the PR refusing to engage proactively, or engage at all. Representative, and Trustee.
That section authorizes an "interested person" to petition the probate court for an order restraining specific conduct of the personal representative of an estate. Personal Representative hired her own husband as an attorney for the estate and paid him fees significantly above the standard and reasonable fees for his services. Provide notice to all interested parties of the filing by serving them with a copy of the petition and any other relevant documents or forms. Personal Representative filed paperwork with the court indicating there were only three (3) heirs of the estate. The personal representative has abandoned the estate. Do you know what to do when someone dies? When filing without a will, a personal representative is named by the court to handle the estate's accountings. Simply fill out the quick contact form on this page to set up a consultation and get answers to your questions. Assumes full authority. When To Remove A Personal Representative. The personal representative has been convicted of a felony. Before arguing the matter in court, your attorney may work out a deal that satisfies both parties. Deciding whether to pursue removal of a personal representative is a very serious decision that can have wide-ranging implications. Took no action in administration.
The remaining two brothers repeatedly tried to compel Russell to withdraw, account, and provide an inventory. The wishes of the deceased: If the deceased has carefully chosen and appointed an executor in the Will, then the Court will often take this into consideration in any application to remove or replace them. There were tensions between the company's operators and the family over what were perceived to be competing interests. Petition to remove personal representative. In the case of a decedent's estate, this person is obligated to follow the law and act in the best interests of the heirs or beneficiaries of the estate. Petitions seeking removal are usually filed in cases where the personal representative has not acted in the best interest in the estate, failed to keep interested parties informed about the estate, taken property from the estate for his or her own benefit, or not taken sufficient actions to close the estate. The executors disagreed over several aspects of administering the estate and so sought directions from a judge on how to proceed.
Neither is commingling estate assets with those of the executor or administrator. The personal representative of an estate collects and distributes the property of a person who passed away. During my years as the Probate Court Judge, I heard hundreds of actions to remove a Personal Representative. Beginning this month and in future articles, I plan on covering some of the most common probate litigation matters. Approve $960, 000 in fees for him and his attorney (representing some. The conduct of the Personal Representative must have damaged, or must be about to damage, the interested parties. What if there is no personal representative. Regardless of whether you are a personal representative trying to carry out your duties on behalf of the estate, or an heir or beneficiary who thinks the personal representative should be removed, you should contact a probate litigation attorney. By the time my client approached me in 2009, the Arizona's real estate market had sharply declined (and the personal representative in this case had neglected the home's maintenance) so much that the home sold for $90, 000. However, in other circumstances, removal by the court is necessary in order to safeguard estate property and protect the interests of all interested persons in an estate. Check the Small Estate page on our website for updated information, as the amounts may be adjusted annually. ) File the appropriate petition with the probate court. Ultimately, the probate court judge draws factual conclusions and rules on the removal request. Furthermore, not every error or neglect of duty will lead to the PR's removal; the act must be serious. The personal representative is a fiduciary — someone obligated to act in the best interests of another party, rather than their own.
Importantly, however, if a personal representative defends or prosecutes a proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate necessary expenses and disbursements including reasonable attorney fees incurred. If you have any probate-related issue that has interrupted your life, you can count on our firm to work hard to accomplish your goals – with the expertise, empathy, intellect, and professionalism your matter deserves at every step of the way. A hearing on the motion will be scheduled in the probate court, and those interested in the estate must be given notice of the hearing. We expertly guide individuals through the complex probate process, and capably handle all aspects of the creation, administration, and settlement of trusts as well. The Court stated this was largely due to the wishes of the other beneficiaries. Removing a Personal Representative or Trustee | | Phoenix Arizona. An Ohio probate court may remove this person on its own initiative under some circumstances.