Saint Paul, MN asked in Estate Planning for Michigan

Q: I am a PR of an estate. How are informal claims handled?

Clarification on formal vs informal claims.

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: There are rules that cover whether you need to pay. Your attorney is looking at the big picture of the estate, taking in to account the inventory, whether any property is secured (e.g. a car with a loan, house with a mortgage), and anything else that may play a factor in this particular estate. You should not pay anyone at least until the inventory is submitted and the claims period has passed. From there, you should follow your attorney's advice regarding distribution of the proceeds and payment of debts. Even if you don't have to pay, sometimes you as the PR, with agreement of the heirs / interested persons, may elect to pay a certain bill.

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: If you have an attorney you and you’re questioning his advice the appropriate action is to seek a formal second opinion with ALL the relevant facts and circumstances.

That is not something that can be done ethically in a public forum. You need to hire an attorney to provide that second opinion.

Good luck.

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