Legal Question in Wills and Trusts in Michigan

House distribution

The executor of my moms estate lives in Livonia. Does he register to be executor in Livonia or Wayne County.

Is he appointed a Comissioner of accounts by the City or County?

He(Executor)is in the process of purchasing the house. Can the home purchase be completed before the Estate goes to Probate, and does everyone involved have to approve which is what we want.


Asked on 1/24/03, 8:22 am

1 Answer from Attorneys

John C. Talpos Talpos & Arnold

Re: House distribution

Hello, I have received a copy of your posting on your mother's estate. In quick order: 1) the correct title of the person who is appointed to administer your mother's estate is Personal Representative. 2)He is appointed by the Probate Court in Wayne County, the county of the deceased's residence at the time of her death. 3) He does not have to "register" anywhere, although it may be necessary to provide a copy of the "Letters of Authority" which he should have received from the Probate Court which show that he is the Personal Representative and has the authority to act on behalf of the estate. This will be especially true when/if he tries to change the title to any of the property. 4) He, as Personal Representative, has the authority to sell the house to himself, as Buyer. However, the price has to be at a "fair market value". That may mean that he has to obtain an appraisal from a real estate appraisal firm. 5)All heirs and interested parties are entitled to know the sale price, and can appear in Court to demand an accounting or explanation, and must receive an annual accounting from the Personal Representative. Good Luck. Feel free to call my associate, Karen Crusse, if you have any further questions. John C. Talpos (248) 743-6800 http://www.Mich-Lawyer.com

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Answered on 1/25/03, 11:07 am


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