Legal Question in Wills and Trusts in Michigan

Attorney needing assistance

I am researching EPIC in MI - I need to determine if there is a statute of limitations for reopening administration of an intestate's estate? I have a potential case that I am researching re: a wrongful death and an illigitimate child. The child was born after the fathers death. He is now 18 and found out this guy was his father. The estate settled for 60 million back in the early 90's. We want to know if we can go in and try to get the illigitimate child some money. I can't find anything about a SOL - but if indeed there is one I think I might be able to get around it with tolling for a minor. Let me know if you have any ideas or know if there is a SOL. THANKS!

Asked on 5/12/09, 12:03 pm

1 Answer from Attorneys

Renee Walsh LawRefs Nonprofit

Re: Attorney needing assistance

I went to ICLE and researched this for my practice. I did not find a statute of limitation on reopening the estate. It appears that the procedure as to an estate that was administered without supervision is to file an application to reopen. The register, for good cause and without notice, may grant an application to reopen the estate, appoint the former personal representative or another person who has priority, and issue letters of authority with a specified termination date. MCR 5.312. See PC 568, Registerís Statement, PC 572, Letters of Authority for Personal Representative. In all other cases, the personal representative or an interested person may petition the court to reopen the estate and appoint a personal representative. MCL 700.3959; MCR 5.312(B).

I didn't see anything in Chapter 58 Limitations of Action in Revised Judicature Act either. (I did not research caselaw.)

I did see a statute of limitation on collecting from a distributee for an improper distribution in MCL 700.3957.

I would appreciate being informed if you find a statute of limitation on reopening. I don't think there is one. Furthermore, I would appreciate knowing how you work out the fee agreement!

Read more
Answered on 5/13/09, 12:13 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Michigan