Fort Wayne, IN asked in Probate for Michigan

Q: Father died in 2008. Lawyer brother handled probate in 2009. Did not notify siblings. Do we have recourse?

Mother died in 2016. Dad’s probate was revealed in 2018 in handling mom’s estate. Judge did not catch/stop our brother’s dishonesty. What can we do?

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Howell, MI
  • Licensed in Michigan

A: Without further facts it is impossible to say what is appropriate at this point, but what can be said is you've got to act quickly, and it may already be too late for some courses of action (there is a 'six months from discovery' statute of limitations for some actions).

The facts needed here are probably best not disclosed in a public forum so your best option is to speak with a local probate attorney in the area where the probate(s) were done to get things resolved properly. You MAY be able to re-open the probate or craft a resolution in your Mom's estate -0- hard to know what the best course will be.

Seek local legal representation!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

1 user found this answer helpful

Andrew M Steiger
Andrew M Steiger
Answered
  • Probate Lawyer
  • Grosse Pointe, MI
  • Licensed in Michigan

A: A personal representative is a fiduciary in a probate matter. You should seek out help regarding the statute of limitations related to failure to provide notice to interested parties, among possible courses of action you could consider. It may be too late as another attorney mentioned. You might also ask that attorney if the Michigan state bar attorney disciplinary board should be notified due to your attorney brother’s conduct. You may still have leverage even if you cannot file suit in probate court. Just an idea.

1 user found this answer helpful

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