Q: Can a personal representative in Michigan transfer property to himself?
A: This question cannot be answered without a thorough review of all of the relevant facts and the probate case file. This is a question that you should ask the attorney representing you in the probate case.
Michael Zamzow agrees with this answer
A: Generally, a personal representative in Michigan, has a fiduciary duty to the beneficiaries. Personal representatives might be mismanaging the estate through failure to timely settle debts, self-dealing or failure to assess and receive fair market value for estate assets. And the beneficiaries might be able to petition the court to have the personal representative removed and go after the personal representative's personal assets to cover any losses to the estate's value.
A: IF the will/intestate succession suggests that the Personal Representative should inherit, it is the PRs obligation to transfer the property as you suggest.
IF the will/intestate succession suggests otherwise it would be a violation of the fiduciary duty to do so.
The answer depends on the facts, and to get the advice you need, you should hire a local probate attorney to review the facts to determine which of the 'if' statements above apply, or if indeed there might be a third option.
-- 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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.