Suing An Estate Executor For An Estate In Wayne
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Further, it is important to note that an Executor or Administrator has 12 months to deal with the distribution of an Estate from the date of death. If an Executor or Administrator fail in this regard a potential beneficiary may apply for the relevant Grant.
DETROIT, MI, October 10, 2024 (World Mental Health Day) – Wayne County Probate Court (WCPC) Chief Judge Freddie G. Burton, Jr., has been named the 2024 recipient of the Treat Award for Excellence by the National College of Probate Judges (NCPJ).
Probate in Michigan can take about 7 months, whether it is supervised or unsupervised. You can expect a longer probate period in certain circumstances. These can include the size of the estate, length of time it takes to locate a will, personal representative, or heirs, disputes with creditors, and will contests.
However, as a rule, an executor must settle the deceased's estate within 1 year.
Alexis Glendening is a judge of the Michigan 3rd Circuit Court. She assumed office in 2014. Her current term ends on January 1, 2029.
Items may be filed via email (probateservice@wcpc), FAX (313-967-4030), or mail. All pleadings and filings are to be filed at the Probate Counter, except for those which are specifically processed by Judges' Office staff.
Judge Freddie G. Burton, Jr. – a graduate of Wayne State University Law School, has been a member of the probate court bench since 1987 and served as chief judge from 1990 through 1997.
If you can prove to the court that the current executor is incompetent or is mishandling the affairs of the estate, the court will relieve that executor and choose a replacement. If the will names an alternate executor, that will likely be the court's choice.
If an executor does not do their job the right way, the beneficiaries of the Will can potentially sue for “breach of fiduciary duty”. In that instance, the executor can be held personally liable to all of the beneficiaries under the Will.
If an executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.
