Legal Question in Wills and Trusts in Michigan

Wills

What does ''Petition to Remove Fiduciary and appoint Successor mean? Does that mean that money is about to be paid from the will?


Asked on 10/29/08, 3:23 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Re: Wills

Not at all. It means someone is asking the Court to remove the current personal representative and replace them because they are not doing their job. I have over 12 years experience handling probate matters, contact me at www.kliszlaw.com to discuss in more detail. Tim Klisz

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Answered on 10/29/08, 3:53 pm
Jerrold Bartholomew Priority Elder Law and Estate Planning, PLC

Re: Wills

Unfortunately, it sounds as though this estate may be a long way from distribution. The fiduciary on an estate is called a personal representative. Most people usually think of the term "executor" to describe this person. It sounds as though one of the heirs is seeking to have the personal representative removed, perhaps because the personal representative is not doing his or her job. It also might be the case that the heir is seeking a different distribution of the estate than the personal representative was preparing to carry out. This is a time that you should be watching the situation because the ultimate plan of distribution could be changing and your rights could be affected.

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Answered on 10/30/08, 8:13 am


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