Objection to the Appointment of Public Administrator as Personal Representative #objection

Objection to the Appointment of Public Administrator as Personal Representative #objection

Darren Findling of The Probate Pro discusses the Objection to the Appointment of Public Administrator as Personal Representative. (833) PROBATE https://www.TheProbatePro.com Free Forms: https://www.TheProbatePro.com/Probate... Facebook:   / theprobatepro   LinkedIn:   / the-probate-pro-plc   Instagram:   / theprobatepro   Twitter:   / the_probatepro   _________________________________________________________________ Addresses: Michigan Office: 414 W. Fifth Street Royal Oak, Michigan 48067 Illinois Office: 1525 East 53rd Street, Ste 439 Chicago, Illinois 60615 Florida Office: 941 West Morse Blvd., Suite 100 Winter Park, Florida 32789 Please Call - (833) PROBATE _________________________________________________________________ Legal Disclaimer: This video is for educational purposes only and is not to be considered legal advice. Please note that these communications are not a consultation with a lawyer about the possibility of forming a client lawyer relationship with respect to a matter and do not establish an attorney-client relationship. None of the information should be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas. The Objection to the Appointment of a Public Administrator as a Personal Representative. Hi, I'm Darren Findling of The Probate Pro and we're going to cover SCAO form PC690 SCAO stands for State Court Administrative Office PC is probate court 690 is the form so it's PC 690 at the bottom left corner you'll see a little yellow arrow it identifies both the statute and or court rules that apply to the particular form in this particular case MCL 700.3414 is the controlling statute and this form is used in a very particular context it's used when a petition has been filed with the Probate Court seeking the appointment of a personal representative and the personal representative that is being sought to be appointed is a public administrator statute allows for somebody that has a right or an interest to seek the appointment of a public administrator by virtue of a petition for probate so this would be after the petition has been filed and now somebody wants to object to that nomination as a professional public administrator serving in the role of personal representative this is the form that's used for that very narrow use case so as you can see in the top left corner the court County would be identified in the top right corner of the case number in red you'll see the form is identified as the objection to the appointment of a public administrator as personal representative now again if you don't know what a public administrator is a public administrator is a professional person that is appointed through the government that serves as an administrator when there isn't a family member or a nominated person within a will that would be serving so it's like a professional fiduciary appointed and these rules are governed by a body of statutes we're not going to go over that right now but that's what a public administrator is it is somebody that is a government administrator of the estate serving as personal representative in this particular case the court address would be identified in the matter of would be the name of the person that died the decedent the objecting party and if there's an attorney the objecting party's attorney pretty straightforward here number one says I am an heir of the deceased named above meaning they're an heir of that person that died two I received notice of hearing to the rights and right to object pc689 regarding a petition for probate an appointment of personal representative three I object to the appointment of this would be the public administrator that is being nominated within that petition for probate so the objection is for that person to get appointed and for the following reasons you can imagine a following reason maybe well I'm named in the will I have priority over the public administrator to be appointed or I am the son of the decedent or surviving spouse or nearest Eric law and I have a right and higher order of appointment than the public administrator the public administrator only gets appointed under very defined and specific sets of circumstances and they don't Trump those people that are entitled under Michigan law who have priority for appointment of personal representative so in section three you have to flesh out and identify the basis for the objection and why the court should not appoint the public there and the attorney signature and this particular objection would then be filed with the Probate Court as a probate Pro we're passionate about everything probate if you have questions about this particular form or any probate related issue visit us at the probatepro.com or call us at 1-833 PROBATE.