Personal Representative of an estate

[grannyof7]

What is the name of your state (only U.S. law)? Michigan
Can the PR legally change an easement crossing a property without the other heirs agreement?
We have a 40 acre parcel on the back of the estate in which 7 of us have equal shares. to get to this property we were originally given an easement. It was found after the owners death, that the easement wasn't written right. What the majority of us wanted, was to have it rewritten so that it was right. Instead the pr had it discontinued and had another one put in on the other side of the property against all our wishes.

[Dandy Don]

You will need to discuss this complicated matter with a real estate attorney.

[latigo]

Legal disputes over easements of rights of way - whether gained by grant (personal or made appurtenant to the land) or acquired by prescriptive use - can be extremely complicated, time consuming and expensive.

And this one has all those earmarks. As unpleasant a thought as it may be, you and the other owners of the 40 need to retain a competent attorney to iron it out. Which may include going so far as quieting title to the right of way as you people contend that it existed before the PR arbitrarily relocated it.

Rely on the advice of your attorney but my opinion is that it is not a question of what the PR can or cannot do. The core to a solution is determining what if any legal rights you and the other owners of the dominant estate have acquired in the subservient estate and the physical location and boundaries of the easement of right of way.

And as I say it may be necessary to quiet title to the easement.

Just out of curiosity how did seven people become co-owners of this 40 acres? I’m guessing by descent and distribution?

Whatever, you people are going to encounter a lot more legal problems in the future than this easement question. You could save a lot of those headaches by selling it!

Sax

[tranquility]

I'm not sure where the others are coming from, but, yes, the PR can do whatever he decides to do. Depending on the facts the action may be a breach of the PR's fiduciary duties, but, the PR can decide without the input of the beneficiaries and the decision will be enforced by the courts.

[latigo]

Originally Posted by tranquility

I'm not sure where the others are coming from, but, yes, the PR can do whatever he decides to do. Depending on the facts the action may be a breach of the PR's fiduciary duties, but, the PR can decide without the input of the beneficiaries and the decision will be enforced by the courts.

I sure would be interested in reading competent legal authority that would permit a personal representative to encumber or burden land, in any fashion –mortgages, leases, easements, etc., - when such action is not necessary in order to meet outstanding creditors’ claims and administrative expenses and/or is not shown to be in the best interests of the beneficiaries.

Generally, the duties of a Personal Representative of the estate are to collect and preserve the assets of the estate, pay any just expenses, taxes or claims which may exist against the estate, and ensure that the estate is properly distributed to the appropriate beneficiaries.

To assert that a personal representative has autocratic authority is a gross misstatement of probate law!

Example: MCl 700.3611 Termination of appointment by removal; cause; procedure.

Sax

[nextwife]

From a title standpoint, if there are other property owners that "benefit" from the easement, and whose land use is tied to the easement, the owner of the easement land, whether PR or original owner, cannot just unilaterally remove that easement. Once granted, all parties that benefit from the easement must "join in" in any extinquishing of the easement, else the extinquishment should be challenged.