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Public administrator in Michigan.

Rochester, MI |

what is a public adminstrator
and if you are a lawyer who works for one, are your duties as a lawyer more difficult
or more strickt than another lawyer. If you are found in default of your duites thru
the Court, what usually happens to your job?

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Attorney answers 2


A public administrator is an attorney that gets appointed by the courts, (typically in probate matters), to act when there is a contested matter and there is no one to serve as fiduciary or where there is disagreement as to who should serve. Other lawyers do not "work for one," so I am not sure what you mean by this. If a judge determines that any fiduciary has breached his or her duties, the judge has a great deal of discretion as to what to do. This can include sanctions or removal.

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!



so the Court (Judge) appoints this person? Your comment then, if this person is in default or fails to perform their duties, the Judge has the discreation as to what to do. I have already received notice from the Judge that this lawyer has been suspended. I have received notice of a hearing date regarding this person's accountability. What are sanctions? Does the Judge have authority to close the case file without this accountability and payment of services?

James P. Frederick

James P. Frederick


Yes. The judge appoints the PA. If they fail to perform their services, the most likely first step would be to suspend the PA as fiduciary and appoint someone to take over. The judge can then decide whether to penalize the PA and how to do so. This could entail a fine, payable to the estate, a disallowance of fees, etc. The judge has discretion on what to do. Normally, an accounting would still be required. Whether the PA can legally prepare one at this point is an issue. I would suggest that you attend the hearing, if you can do so, to advocate for the estate or your interest in it.


Since each case is unique, you may want to get a copy of the probate file and talk to a lawyer about what is going on in your case.

I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. 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.

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