Legal Question in Wills and Trusts in Michigan

brother died 10/09 w/o will. Oldest sister cohearsed other siblings to sign application for her to be PR of his estate. Probate court approved application on 12/09. Four of us siblings want to contest unsupervised appointment because oldest sister will not advise us of what she is doing and we believe she took the contents of his safety deposit box the day after he died and without authority to do so. Brother's estate is estimated as being a couple million dollars. How can we contest the "unsupervised" PR appointment? Thank you.

Katherine S


Asked on 2/24/10, 10:42 am

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

A probate attorney can certainly move to have an estate supervised and contested as to any issues properly before the Court. Please visit www.kliszlaw.com to discuss this process. Tim Klisz

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Answered on 3/01/10, 10:48 am
Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

As interested parties in the Estate you can file a Petition with the Probate Court alerting the Court to your concerns and requesting modification(s) be made. In addition to seeking to change from Unsupervised to Supervised, you can also make other requests for modification of the Probate Estate administration. For example, you can ask the Court to order her to account for the actions she has taken thus far. Then, if it is shown that she has acted improperly, she could be removed and replaced. You do not need to have a lawyer to file a Petition in the Court, however, an attorney experienced in Probate will be able to draft a thorough Petition and help advocate to reach your objectives.

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Answered on 3/01/10, 11:04 am


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