Legal Question in Wills and Trusts in Michigan

Probate Estate

My boyfriend died while in the middle of an automobile accident lawsuit where I provided his attendant care. The lawsiuit was settled by arbitration with the PR & myself present and specifically stated attendant care provided by me for an exact amount. Now the PR is not wanting to pay me. In Michigan PIP money goes to the insurred, now the PR of the estate and they in turn pay you. The PR 1st tried to say he had already paid me & now says I didn't step up as a creditor of the estate with in the 120 day time period. The PR was present at arbitration and also signed the award letter from the insurance company releasing them from any further action within this 120 day period. As PR dosen't she have the obligation to pay the debts of the deceased? What is my recourse? I also have 2 promissory notes that were filed in the 120 day time period which she disallowed which I had to file suit in Circuit Court for this and also included the PIP claim award. Come time to go to court I will definitely be in need of an attorney, correct?


Asked on 6/29/07, 12:24 pm

1 Answer from Attorneys
Renee Walsh LawRefs Nonprofit

Re: Probate Estate

As PR, she does have an obligation to pay the debts of the deceased. If you feel uncomfortable about articulating and advocating for your claims, it would be wise to have an attorney.

(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)

If you have further questions or concerns, or desire more specific information, please contact me at www.lawrefs.com.

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Answered on 7/06/07, 5:39 pm


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