Livonia, MI asked in Family Law and Probate for Michigan

Q: Hello. Im in Michigan and I am filling out informal probate / personal representative form 558. I'm stuck on question 9.

I am on question 9. It states " I nominate _____ as personal representative, who is qualified and has the following priority for appointment _____. I am a only child and this news for my mom's estate. Do I just put then I am the only child

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

A: The 'priority' for appointment is based on the Michigan Probate statute. If there is a will, the person named in the will has priority. If there is no will a surviving spouse does. If there is no surviving spouse all surviving children have equal priority.

If you don't understand, you will be well served to hire an attorney.

Why? The form you're citing may not be necessary at all, and there may be less expensive and involved ways to proceed. Without seeing all the facts and circumstances and exploring what sort of property needs to be distributed by Probate it is impossible to answer what the best process is.

PLEASE don't be 'penny wise and pound foolish' about this -- seek qualified local legal assistance from a licensed attorney to review all the facts and provide you real advice!

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

A: OH, and once you've begun the process by filing the informal administration paperwork, it is too late to change your mind and seek a different way to manage things. Again, seek local representation BEFORE you do anything with the Court!

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