Clarkston, MI asked in Probate for Michigan

Q: After Proof of Service for Informal probate has been mailed. Can you hire a different lawyer instead. Nothing filed yet.

After Proof of Service for Informal probate and appointment of PR, notice intent request informal appt PR were mailed out. 14 days is not here yet, nothing filed yet. Can you hire a different attorney instead? If so, does another notice need to be filed again, waiting another 14 days? No communication from the attorney, no return calls or emails. The proof of service notice was suppose to be mailed 09/02, it was finally mailed 09/09.

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

A: If the reason to look for a different attorney is dissatisfaction with the timeline so far, I think your concern may be a bit unfounded at this point. It is not unusual for notices to go out, and then proof of service of those notices to be sent to the court later. 14 days is 14 days, but you also have to factor in mail transit time, and not every court responds exactly on the next day. Additionally, you do not know whether an interested person has contacted the court to request appointment.

Is there a reason renunciations were not done?

You can always hire a different attorney, but chances are, this attorney has put some work into the file and would be entitled to payment for that, even though it may not have been done as timely as you'd like.

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