The closing of conservatorship probate file

Asked 7 months ago - Rochester, MI

mom was under conservatorship for about 10 months before her death. I was appointed her PR by her Will. It has been a complicated Estate due to disputes. The CA lingered on the final filing. Eventually presented w/o the fees for service. Now near 9 months later, the case file has finally closed. It says discharge of party, memorandum of Administrative closing. What does this mean?
Will the CA ever be able to claim her fees for service? The fees for service should have been presented at the time of her final accounting filing. Why would someone waive their fees?

Attorney answers (3)

  1. Peter L. Conway

    Contributor Level 17

    4

    Lawyers agree

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    Answered . Without seeing the file, I suspected the court closed the conservatorship because the conservator did not complete a court requirement.
    If you have a lawyer helping you with the probate estate, you should discuss this with your lawyer. If you do no, you may wish to hire one and go over everything having to do with the conservatorship and the decedent's estate. There may be steps that you as PR should be taking given the omissions of the conservator.

    I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering... more
  2. James P. Frederick

    Contributor Level 20

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    Lawyer agrees

    1

    Answered . I agree with Mr. Conway. It is unlikely the court will do anything in relation to the conservatorship, at this point. The file would need to be re-opened, which would require a hearing and an explanation as to why things were not done in a timely manner. It sounds to me like the conservator has effectively waived her right to compensation. Why she would do so is something only she can answer.

    James Frederick

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

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You should seek the counsel of your attorney, and if you are no longer represented, then find a new attorney.

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