A notice of deficiency was handed out some time back, informing the fiduciary that he or she was not able to fulfill their responsibilities. Because of this, they were suspended or removed as the fiduciary. Let’s say however that the fiduciary were to be reinstated. Can this be done? Our probate court system allows fiduciaries [...]
If you're serving as the conservator, personal representative, guardian or trustee and you're at risk of doing something wrong - whether it's theft, misappropriation or just breaching your duties in that fiduciary role - the court wants to make sure that there's a guarantee. A guarantee of that performance, so how do you do this? [...]
When acting as a fiduciary, the court will need proof. Thus, a Fiduciary Proof of Identity form was created. The Fiduciary Proof of Identity form is something that requires basic information that one should have readily available to them. With this form filled out, you have the proof that you serve in a capacity for [...]
Sometimes a piece of paper can represent bad news. Perhaps it’s a pink slip, a note telling a child’s parents that he or she has detention, or in the case of a fiduciary, you receive what’s known as the Notice of Deficiency form. When getting the Notice of Deficiency, it’s never a good thing because [...]
The conservatorship is the fiduciary role of handling finances. Part of the financial responsibility that comes with being a conservator is the responsibility to account. https://www.youtube.com/watch?v=-eBArl1DqSQ The timeline of a conservatorship begins with establishing the conservatorship. It concludes with the annual account of fiduciary. The annual account of fiduciary is detailed in the provisions of [...]
A lawsuit is going to be filed on behalf of a minor or incompetent individual, or against a minor or incompetent individual. What do you do? In the State of Michigan, there are specific rules designed around what happens if the plaintiff in an action needs protection in the form of a fiduciary, whether it’s [...]
Here at The Probate Pro, we litigate issues involving what are referred to a Breach of Fiduciary Duty. Fiduciaries have legal duties to the estate’s beneficiaries and interested parties. These legal duties include duties of care and duties of loyalty. Violations of these duties may result in civil or disciplinary actions, and it is vital [...]
