My daughter passed 3 months ago leaving my 16 year old grand daughter which i am now her guardian but now my ex mother in law has filed as personal representative of my daughters estate and my grand daughter prefers i take this position and i agree how do i contest this and become the personal representative ?
Get a reputed probate attorney immediately to file a response all before the hearing. If the hearing occurs without formal contest, any objection is deemed waived. This is a very important stage in proceedings.
This commentary does not result in any attorney/client relationship nor constitute legal advice as to a particular fact situation or status of a reader. Consult and retain legal counsel in the State of Michigan for pursuit of such a relationship.
More information is needed. HOW was the PR appointed? Was it done informally, through an application? Was it done formally through a petition? Was it done in a supervised proceeding, after a hearing before a probate judge? Was the PR nominated in the decedent's WILL? Was there a Will? (If there was a Will that nominated the PR, then it would be very tough to set that aside).
WHEN did this happen? If it was done very recently, you have a decent chance at having someone else appointed.
As Mr. Powe indicated, the best thing to do at this time is to review all of the facts with a skilled probate attorney to determine how best to proceed.
***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 find our answer helpful!
You haven't indicated whether your daughter had a will or if your ex-mother-in-law was named in the will as the personal representative. If so, you can contest the appointment but must show particular negatives for that person which would make her unqualified/inappropriate for the appointment.
If, on the other hand, you daughter had no will and no adult children, then you would have priority for appointment as the personal representative.
Time is critical-engage an attorney for yourself and determine your best course of action.
I hope this helps you. If it has, please mark as "helpful" or a "best" answer. ******************** I am licensed in Michigan and Illinois, and regularly handle legal matters of this sort. The answer provided here is based on the limited facts you have submitted Actual documents, expanded facts, and local law knowledge are all necessary to provide a comprehensive and specific answer to your questions. The opinion offered here is for your information only and no client-attorney relationship is created by this response.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline