EX-WIFE DEFEATS MOTHER AS PERSONAL REPRESENTATIVE
My office was referred by a prominent personal injury firm to gain control of a wrongful death auto accident. My client, the ex-wife of the decedent and mother of the decedent’s only child, had a strained relationship with her ex-husband. She sought to become the personal representative of the estate on behalf of their minor child. Another law firm represented the decedent’s mother. Both firms wanted their respective clients to be appointed personal representative to control the litigation.
The decedent’s mother argued that her son would be rolling over in his grave if he knew that his ex-wife may be in control of his estate. My office argued that the decedent’s mother was not an heir-at-law, pursuant to MCL 700.2103, because the decedent had a minor child. As ex-wife and mother of the decedent’s minor child, my client had the absolute priority to commence the estate pursuant to MCR 5.302(D).
The court struggled to find a way out of appointing my client as the personal representative because of the strained relationship. However, justice prevailed. The Probate Pro successfully convinced the court to appoint the ex-wife.