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The closing of conservatorship probate file

Rochester, MI |
Filed under: Probate

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. 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 your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

  2. 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. ***************************************** 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!

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

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