When it comes to executing a will, the importance of the Personal Representative role can hardly be overstated. This person or entity, also often referred to as an executor, has the critical task of ensuring that the terms set out in a will are executed as closely as possible to the desires of the departed. As background, MCL 700.3203(1) indicates that a person named in a will to serve as a personal representative has priority of appointment unless they find themselves disqualified.
However, it is not unheard of for a probate court to bypass a nominated Personal Representative and appoint someone else. This typically happens when the person originally nominated is disqualified according to law.
The section MCL 700.3204(3) provides insight into the disqualification criteria. A person can be disqualified and considered as unsuitable to serve for several reasons like incapability, a conflict of interest, or a past criminal conviction, amongst other factors.
To avoid unexpected or unwanted changes in the executorship of a will, the initial planning phase reigns supreme. Legal professionals should ensure their clients understand these potential challenges and take measures to mitigate such risks.
Please find more in-depth insights and implications about this matter in the full article at the following link.