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?
Divorce / Separation Lawyer
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 email@example.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
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 Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less
Estate Planning Attorney
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 action is to have legal representation in this matter.
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.
***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!