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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118085
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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my objection to closing the estate was disregarded by the judge,

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my objection to closing the estate was disregarded by the judge, because I had not attended the hearing. Is that current Michigan law?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the rules of court and practice, if a party files a motion of any kind, if they do not appear to argue their motion the court has the discretion to dismiss the motion or to continue it if the party requests so. The reason being is that the court finds that if someone files anything in the court and does not show up or ask for a continuance they do not want to prosecute the matter any longer. Your recourse is to refile your motion and you need to show up at that time.


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Customer: replied 4 years ago.

Thank you. I did not file a "motion". Or, maybe I did, but didn't know it. I submitted a document, outlining the evidence of major medical malpractice and wrongful death of the decedent, involving the Personal Representative, who was, at that time, the decedent's attorney. The judge ruled that since I had not attended the hearing, she was disregarding my objection to closing the estate, and she followed that up, by ordering the Personal Representative to proceed to close the estate.


Your answer suggested that I ought to refile my "motion", and this time attend the hearing. What hearing? It seems to me that her judgement eliminates any possibility of my refiling this same document. What basis do I have for obtaining a Hearing on this evidence, in view of her order that the estate be closed, without considering the evidence from the medical record?


Thank you for your response.

IF you filed any type of document with the court objecting to anything in the estate, they consider that a motion and if you did not show up to argue for your objection to be upheld then the court considers you abandoned your appeal.

If they closed the probate, you are going to have to now file a motion to vacate the final probate order and renew your objection to the estate regarding the evidence you have. Your basis for renewing your objection is that there is a valid medical malpractice claim that belongs to the decedent's estate and as there is a potential asset to the estate that has not been included it needs to be reopened to deal with that asset.
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