Kalamazoo, MI asked in Probate for Michigan

Q: Can a personal representative in Michigan transfer property to himself?

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3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

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

Michael Zamzow
Michael Zamzow
PREMIUM
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

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.

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

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

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