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Who can be appointed personal representative in MI

Olathe, KS |

my son died in Wayne County Mi leaving 2 minor children. He was never married and had no will. His mother predeceased him. As his father I have attempted to be appointed executor of his estate and have basically been denied by Wayne County Probate Court. My son's assests consist of an inheritance from his mother who predeceased him by two months. My intent was to pay the creditors and give the remaining money to the two minor children in some manner. Where have I gone wrong?

Attorney Answers 1


I would not say that you have gone wrong, at all. The problem is that you do not have priority to petition the court. You are not one of the heirs. You are not even an interested party, under the court rules. What needs to happen next depends on the value of the assets. If the total value is less than $20,000, then probate is not necessary, at this time. Assuming the assets are worth more than that, then probate would be required.

A conservator needs to be appointed for the minor children. That person would then have priority to petition to open an estate. I believe the first step would be to have a conservator appointed and THEN open an estate. The alternative would be to have one of the county public administrators handle the estate. This would probably result in more costs and fees than you would experience probating the estate yourself.

Please feel free to contact me if you have any additional questions. I would be happy to assist you in any way I can.

James Frederick

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