Dearborn, MI asked in Probate for Michigan

Q: What paperwork in wayne county, m do I need to file to be an interested party in a probate case of someone still living

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Probate Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Is this a guardianship or conservatorship? A probate estate would not be opened until someone dies. In all cases, there is no "paperwork" you can file to become an interested person. You either are an interested person or not, and that is determined by statute and court rule. Generally, spouses, immediate descendants, and parents are considered interested persons, with an order of priority, again, determined by statute and court rule. If you immediate family, you should be included and receive notice of proceedings, and you would have a right to bring forth issues to the court; if you are not immediate family, then you are probably not an interested person, and have no right to intervene.

Remember: probate court is about administering the estates of people who are dead or incapacitated (cannot make their own decisions). That is why the law is so clear cut about who is and who is not an interested person. Often, a person who is not related by blood or law will try to assert an interest - sometimes for legitimate reasons (e.g. "we've been together openly for years"); others for not-so-legitimate reasons.

Kenneth V Zichi agrees with this answer

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