May I continue to probate my mother's estate?

Asked over 1 year ago - Denver, CO

2013 March 14 Thursday 12:30

Probate Question #2

I live in Colorado. I have one sibling who lives in Michigan. In 2011 December, the Probate Court in Michigan appointed me to be the Personal Representative of my mother's estate in Michigan. However, in February my younger brother challenged my appointment, and another Probate Court Hearing has been scheduled for April. May I continue to probate my mother's estate (including such things as filing the inventory I have prepared before its due date this month, and continuing to pay the estate's bills, et cetera), or must I cease all activity until after the April hearing?

Attorney answers (4)

  1. David M. Rich

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . You should post this question in the Michigan section, since Michigan law applies. In Colorado, the PR may continue to act as such until the appointment is suspended, terminated, etc. by the court. I hope this helps.

    You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado.... more
  2. Donald Joseph Quinn II

    Contributor Level 15

    2

    Lawyers agree

    Answered . You really need to direct this question to your own attorney.

    Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your probate attorney should answer this and if you don't have one-you need to have one.
    I would assume your brother hired an attorney to contest your appointment.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  4. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Unless as part of these proceedings, your Letters of Authority were suspended, then you are still the Personal Representative until a judge says otherwise. You need to be very careful to document *everything* that you are doing and you really should have a probate attorney to advise you.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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