QUESTION
If I missed the hearing to remove me as Personal Representative, what can I do?
Asked on Aug 23rd, 2013 on Estate Planning - Michigan
More details to this question:
I got the wrong time by 15 minutes. An order was filed to remove me as personal representative and to leave the house my family has been living in as the estate. I filed for a continuance 3 days before the hearing. Can I stop this order by appealing it? I cannot afford an attorney right now.
8 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will need to file a motion to set aside the order or for a reconsideration of the order. You will need to comply with the local rules of court and state supreme court rules.
Answered on Sep 05th, 2013 at 7:34 AM
You are in a bad spot. You were probably removed at the hearing that you missed. In order to be reinstated, you need to convince the judge that you can do the job of being the PR.
Answered on Aug 24th, 2013 at 12:14 PM
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I suggest that you determine if you can qualify for a pro bono attorney through a legal service provider in your area. In Southern Nevada that would be Legal Aid Center of Nevada. An appeal does not necessarily toll the order. You should also consider filing a Motion to Reconsider. Time is ticking. Absent a stay, you would still need to move out. Whether you should be living there is a whole other issue. Are you paying approve rent to the Estate? Did the Court authorize you to live there? Unless you are the sole beneficiary of the Estate these are real issues. You need to hire an attorney to assist you whether you find one pro bono or paid. This is not an area designed for "do it yourself" representation. This forum can merely tell you that you need a lawyer and fast.
Answered on Aug 24th, 2013 at 12:11 PM
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You cannot miss a hearing that important by 15 minutes. That said, the court likely would have removed you anyway. You need an attorney many attorneys will help you by deferring their fees if you are entitled to a distribution from the estate. With regard to the house, if you are not the sole heir, which it sounds like you are not, you will have to leave unless you can buy the other heirs out. To protect your interests and see what you can do, I suggest you start calling attorneys as soon as possible until you find one who will review your case and help you. Otherwise you are at the mercy of the court and new administrator.
Answered on Aug 24th, 2013 at 12:06 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You can file a petition to have the hearing set aside, and request a new hearing date. May or may not be granted.
Answered on Aug 24th, 2013 at 9:24 AM
Estate Planning Attorney serving Spanish Fork, UT
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Prigmore Law
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You can always file another motion to make another change. If you can show the Judge that 1) you had a good reason for missing the hearing, and 2) you have been acting appropriately as the PR, you may be allowed to remain PR. Please note, it is unusual for the PR to live in the home for an extended period of time. Unless the testamentary documents directly gave you this right, then you would normally be expected to use the property solely for the benefit of the beneficiaries of the estate. Personal Representatives will sometimes allow someone to live in the home of the deceased, but will normally charge rent or reduce the inheritance of the beneficiary, unless all beneficiaries agree to allow someone to stay in the home rent free. Personal Representatives have a duty to see that the estate property is not wasted and is liquidated and distributed according to the testamentary intent of the decedent in a prompt manner.
Answered on Aug 24th, 2013 at 9:22 AM
Thomas Edward Gates
Why was not the continuance not granted? You can appeal, but not likely to prevail since you failed to appear.
Answered on Aug 23rd, 2013 at 3:24 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You can ask. I would contact the judge's clerk and explain the circumstances and see if there is anything that can be done.
Answered on Aug 23rd, 2013 at 2:04 PM