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?
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
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.
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