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A Gal in Michigan or Guardian ad litem

Southfield, MI |
Filed under: Family law

A mother is deceased and there is a irevocable trust for the deceased and there are 2 co trustees. The Probate Court in Michigan has appointed a GAL to handle the disputes between the 2 co trustees. What does that new lawyer appointed do , does he or she make recomendations to the Probate Judge on how the trust questions can be answered.Also what kind of power does such a GAL have over the 2 co trustees? Can the GAL reccomend to the probate judge that the trust be dispersed and settled? Does the new GAL lawyer have any relationship with the current attorneys for the 2 co trustees?

Attorney Answers 1


Your question does not make sense. Under the Probate Code and applicable Michigan Rules of Court, a guardian ad litem or lawyer-guardian ad litem is appointed to represent the interests of a particular person not to serve as a mediator between two parties.

Pursuant to MCR 5.121: "The court shall appoint a guardian ad litem when required by law. If it deems necessary, the court may appoint a guardian ad litem to appear for and represent the interests of any person in any proceeding. The court shall state the purpose of the appointment in the order of appointment. The order may be entered with or without notice."

Therefore, I recommend that you review the order of appointment to determine why a GAL was appointed and what role he or she is expected to play.

If you are represented by an attorney you should discuss this matter with your counsel.

DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights.

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