Legal Question in Wills and Trusts in Michigan

Insurance Award for Services to a Deceased Person

My boyfriend died while in the middle of an automobile accident lawsuit where I provided his attendant care. The lawsiuit was settled by arbitration with the PR & myself present and the award letter specifically stated attendant care provided by me for an exact amount. Now the PR is not wanting to pay me. In Michigan PIP money goes to the insurred(now PR of the estate) and they in turn pay you. The PR 1st tried to say he had already paid me, then fabricated a story that I stole estate property & now says I didn't step up as a creditor of the estate with in the 120 day time period. The PR was present at arbitration and also signed the award letter from the insurance company releasing them from any further action, this within the required 120 day period. As PR dosen't she have the obligation to pay debts of the deceased? Would I be one of those debts?What is my recourse? I also have 2 promissory notes that were filed in the 120 day time period which she disallowed which I had to file suit in Circuit Court for this and also included the PIP claim award. Come time to go to court I will need an attorney correct? Would or could my insurance company be the one to help with this? Or should all the evidence be left to speak for itself?


Asked on 8/06/07, 4:26 pm

1 Answer from Attorneys

Renee Walsh LawRefs Nonprofit

Re: Insurance Award for Services to a Deceased Person

Under the circumstances, it does appear that you will need an attorney to review the probate file and advocate for you.

(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)

If you have further questions or concerns, or desire more specific information, please contact me at www.lawrefs.com or at www.walshlawpllc.com.

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Answered on 8/07/07, 11:33 am


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