Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice regarding your specific situation.
Detailed Answer
Under Michigan’s Estates and Protected Individuals Code (EPIC), you may petition the probate court to remove a personal representative who mishandles estate assets. The main statutes are:
- MCL 700.3953 – Grounds for removal (e.g., mismanagement, self-dealing, failure to account).
- MCL 700.3954 – Procedure for petitioning removal and court authority.
- MCL 700.3807 – Appointment of a successor personal representative.
Follow these steps:
- Identify grounds for removal. Collect evidence of mismanagement, conversion of assets, failure to file required accountings or breaches of fiduciary duty.
- Draft and file the petition. In the probate court of the county where the estate is administered, file a petition that includes:
• Estate name and docket number
• Name of the personal representative
• Specific allegations and supporting documents (bank records, accountings, correspondence) - Serve notice. Deliver a copy of the petition and notice of hearing to all interested persons (heirs, beneficiaries, co-representatives).
- Attend the hearing. Present your evidence and witness testimony. The current personal representative and other interested parties may respond or object.
- Court decision. If the court finds cause under MCL 700.3954, it will remove the personal representative and appoint a successor under MCL 700.3807. The successor follows a priority list: co-representative, alternate named in the will, nominated person, spouse or next of kin, creditor or other interested person.
Helpful Hints
- Maintain detailed records of all estate transactions and communications.
- Gather bank statements, ledgers and receipts to illustrate mismanagement.
- Attach clear, organized exhibits to your petition for easy court review.
- Ensure timely service on all interested parties to avoid delays or challenges.
- Practice presenting key witness testimony, focusing on factual misconduct.
- Consult a probate attorney to review your petition and prepare for the hearing.