Legal Question in Wills and Trusts in Michigan
My uncle was a veteran and died instestate in December 2006. His legal guardians claim ended there but he was appointed a personal representive to manage a savings account with about 350K.
The attorney who was appointed personal representative hired a search company to locate my uncles 4 brothers and one sister. His 5th brother (my father) is deceased.
After the representative recieved the completed search it was confirmed that there are actually 6 remaining heirs( 3 brothers, 1 sister and two neices(my sister and i who are the heirs for my father who is deceased).
My aunt hired an attorney because this representative though he has collected fees still has not paid us from the bank account of my uncle 4 years after his death. After my aunts attorney filed a request for "instructions " from the probate court were this all began, the personal representative contacted my aunts attorney and stated that he would like to settle out of court and asked if she would adjorn the hearing for 60 days so that he could get us all paid.
I am very skeptical about him paying out the monies to us so quickly after waiting nearly 4 years...do we have any leverage in this situation? Why did he choose to do this outside of the probate court at this point instead of responding to my aunts attorney in court...is it cheaper or less embarrasing? Did he do something wrong?
Thanks so very much,
J. Roman
2 Answers from Attorneys
I think you should have an attorney review all of the paperwork. 4 years is along time for bthe personal representative to sit on this money. There may be mistakes or excessive charges in the the accountings or other paperwork. Please comtact me to discuss for free 888-988-laws (5297)
Something does not sound right at all. It should not have taken that long to process a informal or even a formal probate administration. I am concerned the personal representative has milked the administration for fees. Before you agree to to settle which I am sure will include him asking for a full release I would consult with an attorney that has extensive probate experience. It seems that your sister hiring an attorney was the act that lit a candle under him and now he wants to settle because he has his hand in the cookie jar.
Frankly, there is nothing to settle. He as the PR has the responsibility to to account for his actions and distribute to the heirs after all expenses of administration. Over the years he should have been keeping you advised of his actions, presented a beginning inventory and account for his actions. If I were advising I would want to file a petition for supervision and make sure he presented a formal accounting of the expenses and his fees.
Our firm has a national reputation in handling probate issues. I personally serve as a special GAL for Macomb county. What county is this in? We would be willing to offer you a complimentary consultation. You could meet with my partners either Ron Barron or Andy Mayoras or myself. web site http://www.probatelitigationmi.com/ phone is 248-641-7070.
Good Luck, Don Rosenberg
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
