Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Michigan attorney about your specific situation.
Detailed Answer
When a bank, title company, or other institution refuses to hand over estate documents, the personal representative can use several legal tools under Michigan law:
Letters of Authority and Informal Requests
Under MCL 700.3701, a personal representative may present certified Letters of Authority to prove their legal status. Often, institutions will comply once they see court-issued documents.
Formal Demand Letters
Send a written demand citing your appointment, detailing the documents requested, and setting a deadline (e.g., 30 days). A clear, professional notice can motivate institutions to cooperate.
Probate Court Petition
File a petition under MCL 700.1305 requesting a court order compelling production. The probate court has broad powers to issue directives. If granted, the court order enforces compliance.
Subpoena Duces Tecum
Michigan Court Rules [MCR 2.310 and MCR 5.307] allow a subpoena duces tecum. List all required documents and serve the subpoena following MCR procedures. An institution must produce documents or face court sanctions.
Access to Safe Deposit Boxes
For safe deposit boxes, Michigan law (MCL 700.3422) lets you obtain a court order to open a box when the institution refuses. This ensures you secure critical estate assets or documents.
Contempt and Enforcement Actions
If an institution ignores a court order, you may ask the court to hold it in contempt. Courts can impose fines or other sanctions to enforce compliance.
Helpful Hints
- Keep detailed records of all communications and filings.
- Verify the institution’s exact legal name before serving documents.
- Review Michigan Court Rules when drafting subpoenas.
- Consider a preliminary conference with the probate court to clarify procedures.
- Consult a Michigan probate attorney for complex estates or unusual refusals.