Legal Question in Wills and Trusts in Michigan

My wifes aunt passed away her will lists my wifes mother as executor. However she has also passed away. The will addresses this and states that the attorney will become the executor. The retirement home she lived in has sealed her apartment so the family can not go in and collect all her papers and financial information. The atorneys wants the family to pay them 2000.00 as a retainer to handle the estate. I dont understand why the family has to pay them when they are the executors of the estate.


Asked on 4/28/10, 8:12 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

They are not the executors, the attorney is. He or she can decline the job, but that's not usually the case. They could get the money out of the estate, but this is pretty standard. www.kliszlaw.com. Tim Klisz

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Answered on 5/04/10, 5:12 am
John Tatone John R. Tatone & Associates PLC

You may peititon the court and ask that someone other than the attorney be appointed personal representative of the estate. However, you must serve the attorney with notice of the hearing. Please contact me if you would like to retain my services@ 888-988-5297 (LAWS)

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Answered on 5/04/10, 8:37 am


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