A change is being made to the fiduciary and you have just been informed of this. Most forms we cover go over how you fill them out. In the case of this form however, this is something you receive from the probate court. If you by chance receive the Order Appointing Special Fiduciary and Suspension of Fiduciary, there’s at least one of two things happening, and it is rather self-explanatory through the name of the form. Either a special fiduciary is being appointed by the probate court, or the current fiduciary has been suspended.
The Order Appointing Special Fiduciary and Suspension of Fiduciary is a State Court Administrative Office form. If you would like to learn how the probate court fills out this form, click here where you can see the form and download it for free. The Order Appointing Special Fiduciary and Suspension of Fiduciary, much like the other probate court forms in our State, is pursuant to statutes and court rules.
In the case of the Order Appointing Special Fiduciary and Suspension of Fiduciary, it is pursuant to MCL 700.1309, which states:
Upon reliable information received from an interested person, county or state official, or other informed source, including the court’s files, the court may enter an order in a proceeding to do either or both of the following:
(a) Appoint a special fiduciary to perform specified duties.
(b) Enjoin a person subject to the court’s jurisdiction from conduct that presents an immediate risk of waste, unnecessary dissipation of an estate’s or trust’s property, or jeopardy to an interested person’s interest. Under this subdivision, the court shall not enjoin a respondent in a proceeding to appoint a guardian or conservator or enjoin a ward or protected individual. An enjoined person shall be given a prompt hearing, if requested, to show cause why the order should be terminated.
In addition to this, the Order Appointing Special Fiduciary and Suspension of Fiduciary is pursuant to MCR 5.203(D) and MCR 5.204. To learn more about the form and how it’s filled out, Darren Findling of The Probate Pro covers the statute, court rules and more.
If you have any probate related questions or need probate legal assistance, be sure to call us at (833) PROBATE. We offer 24/7 support and are ready to help you. For more information on the services we cover and other probate court forms, visit theprobatepro.com.