Being a fiduciary is a huge responsibility. When you serve as a fiduciary (personal representative, guardian, conservator or trustee) it is important to follow all of the requisite statutes and court rules. The fiduciary is expected to complete his or her duties within a reasonable period of time and within the timelines set forth by [...]
When you take on the important role of serving as a Conservator on behalf of another person one of the required responsibilities is to account for the finances. Michigan statute MCL 700.5418 provides that a conservator shall account to the court for administration not less than annually unless the court directs otherwise, upon resignation or [...]
What you Need to Know Before Filing a Petition to Appoint Conservator. You are about to file a petition for the appointment of a conservator. Of course, doing this with no background or training in probate law might be a bit daunting. Figuring out the roles and responsibilities, the process in which one undergoes to [...]
When a Petition for Conservator has been filed with the probate court (between the date of the petition and the hearing date), notice is given to the person being sought conservatorship over. The Notice on Petition for Conservator or Protective Order gives that individual the list of rights they have and what is going on. [...]
When a petition for appointment of conservator has been filed with the probate court – between the date of the petition and the hearing date – notice is being given to the person being sought conservatorship over. The Notice on Petition for Conservator or Protective Order is a document that gives notice to the conservator [...]
An individual who was under a conservatorship has passed away. The conservator will need to do something with the assets he or she has control of and turn them over. Because of the transition of estates (going from conservatorship to a deceased estate), the personal representative will want to have the Receipt of Property from [...]
When a conservator has a piece of the ward’s real estate that needs to be disposed of, they will need authorization. Whether it’s being sold, mortgaged, pledged or made lien, a conservator should know that there’s a form required to be filed with the probate court. This form is known as the Order Regarding Real [...]
After the petition for conservator – adult or minor – is filed and served, the probate court will have a hearing on the petition. The end result of this hearing will result in an adjudication – a judgement of the court. The way in which the court will file a ruling is with the Order [...]
Sometimes conservatorships do not go the way they should. For example, a conservator could be failing to uphold his or her responsibilities as one. If this happens, the conservator can be removed from his or her position by filing the Order for Administrative Closing Conservatorship to the probate court. The Order for Administrative Closing Conservatorship [...]
A minor conservatorship oversees financial assets for an individual who under the age of 18. When that minor turns 18 however, they are entitled to the financial assets that were part of the minor conservatorship. When this happens, the conservator will need to be ready to distribute the assets over to the now former-minor. To [...]
