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RONB-ESQ
RONB-ESQ, Lawyer
Category: Family Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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I was wondering what to expect from filing temporary custody

Customer Question

I was wondering what to expect from filing temporary custody for my grand kids they are in DHR care with my mom and they asked me to apply and do I need a lawyer?
Submitted: 11 months ago.
Category: Family Law
Expert:  RONB-ESQ replied 11 months ago.

I am assuming you are not online so I will presume a couple things. I will presume the probate action is in Michigan just because the top of this page indicates that and that perhaps one of your parents died and you are a beneficiary. You should have received notice when the estate first went into probate either with a Will or without. If the personal representative has failed to close the estate in more than 1 year you have the right to file a motion with the Court and have a hearing wherein the Court will demand that the personal representative finalize the estate. See http://www.legislature.mi.gov/(S(u4pbt2htiluskd4xfcjlqrgf))/mileg.aspx?page=GetMCLDocument&objectname=mcl-700-3952 I have cut and pasted it here:

ESTATES AND PROTECTED INDIVIDUALS CODE (EXCERPT)
Act 386 of 1998

700.3952 Formal proceedings terminating administration testate or intestate; order of general protection.

Sec. 3952.

(1) A personal representative or an interested person may petition for an order of complete estate settlement. The personal representative may petition at any time, and an interested person may petition after 1 year from the original personal representative's appointment. However, the court shall not accept a petition under this section until the time expires for presenting a claim that arises before the decedent's death.

(2) A petition under this section may request the court to determine testacy, if not previously determined, to consider the final account, to compel or approve an accounting and distribution, to construe a will or determine heirs, and to adjudicate the estate's final settlement and distribution. After notice to all interested persons and a hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and as circumstances require, approving settlement, directing or approving estate distribution, and discharging the personal representative from further claim or demand of an interested person.

(3) If 1 or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal testacy proceeding, on proper petition for an order of complete estate settlement under this section and after notice to the omitted or unnotified persons and other interested persons determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, the court may determine testacy as it affects the omitted persons, and confirm or alter the previous testacy order as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evidence received in the original testacy proceeding constitutes prima facie proof of due execution of a will previously admitted to probate, or of the fact that the decedent left no valid will if the prior proceeding determined this fact.

I also came across this article that does cite to Michigan law and is easier to read. Towards the bottom you will see the discussion on forcing the settlement or closing of the estate. Sadly I would note that most probate courts require you to use an attorney so you can go to findlaw.com or avvo.com and do a search for a probate attorney near you. You can likely get a free 30 minute consultation out of any of them and they can let you know where you stand as well and anticipated cost. You may be able to be reimbursed for your expenses out of the estate (everyone's share by showing that you were forced to retain new counsel to get anything finished). I would speak to an attorney before calling the attorney for the estate because you may want to utilize a different attorney and while the other attorney is paid out of the estate he is probably answering to your sister.

Read this article, while you may be in a different county the article does cite to Michigan law and I think you would find it helpful

https://www.accesskent.com/Courts/Probate/closing_estate.htm

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Regards, Ron

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