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Can a Personal Representative of a Probated Estate, sue the interested parties for expenses beyond the value of the estate?

Westland, MI |

The entire estate was depleted by attorneys fees. Can those that, at first, stood to gain, be asked now to share In the cost?

Attorney Answers 3


  1. No. Not unless there have been distributions to the beneficiaries. If the estate was insolvent and there were no distributions, then the beneficiaries are not responsible for estate administrative expenses.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. No. Not happening. Nope. No way. Sorry! Hope you didn't personally guarantee the attorney fees.

    This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first.


  3. no they cannot. the attorneys only recourse is against the estate for his fees however he could go after you if you personally guarantee that he would be paid.

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