Personal Represenative Clarity

[Y-ME]

What is the name of your state? MI

My mother passed not to long ago due to medical negligence and my sister and I agreed she should be the PR since I live out of state. We had been working in concert with the funeral arrangements and after everything was over she stopped talking to me. We both went to the lawyers office but I didn't think she was going to retain him because he was a criminal lawyer. Neither one bothered to contact me. So, I filed a petition to have her removed. Today was the hearing and it was dismissed. Initially the judge was going to adjourn the case and told me to take the wait and see approach. When I tried to express that they weren't communicating with me, he said case dismissed. My question: as my sis. being the PR will there have to be equal distribution if there is a settelement? It's just us two and my mother was divorced. And do they have to let me know about the proceedings. Thanks in advance.

 

[texasmed_1]

Do you know if your mother had a living will?

 

[Y-ME]

My mother did not have a will.

 

[texasmed_1]

What is the name of your state? MI

My mother passed not to long ago due to medical negligence and my sister and I agreed she should be the PR since I live out of state. We had been working in concert with the funeral arrangements and after everything was over she stopped talking to me. We both went to the lawyers office but I didn't think she was going to retain him because he was a criminal lawyer. Neither one bothered to contact me. So, I filed a petition to have her removed. Today was the hearing and it was dismissed. Initially the judge was going to adjourn the case and told me to take the wait and see approach. When I tried to express that they weren't communicating with me, he said case dismissed. My question: as my sis. being the PR will there have to be equal distribution if there is a settelement? It's just us two and my mother was divorced. And do they have to let me know about the proceedings. Thanks in advance.

Unfortunately, since you allowed your sister to be PR over you mother's estate there is really not much you can do . You state you have petitioned the court to have her removed,but to no avail. You may try to write to probate court, and complain, but don't expect a possitive responce, The court clerk may be able to explain to you what has been happening up to date with your mother's estate, but perhaps your best alternative would be to obtain your own attorney who is experience in estate and probate laws. Best of luck to you!

 

[Y-ME]

My concern is how will the settlement be disbursed if any. I know I'm stuck with her being the PR it is very hard to have the person removed unless they really did someting erroneous. She didn't do anything except stop talking to me.

 

[texasmed_1]

My concern is how will the settlement be disbursed if any. I know I'm stuck with her being the PR it is very hard to have the person removed unless they really did someting erroneous. She didn't do anything except stop talking to me.

I'm very sorry about your dilemma, but the best possible advice I can give you, is to speak with an attorney. The attorney can advise you of your legal rights in this matter!

 

[Betty]

If your mother died w/o a will, the estate should be distributed per the intestate succession law of the state in which she died. If you & your sister are the only relatives (seems you are the closest relatives anyway), the estate should go to you equally. You might want to retain an attorney to look out for your interest in the estate.