"Estate administration" refers to the process which must be followed when the estate of a person who has recently died is being distributed, either according to his or her wishes as laid out in a will, or the laws governing the distribution of the assets of a person who dies without a will.
If the decedent wrote a will before his or her death in Cheboygan, Michigan, the process will be carried out according to the directives contained in the will, assuming they are valid and enforceable.
Most frequently, a will names a person to serve as executor, whose job it is to ensure that the estate is properly administered.
The executor usually has at least some work cut out for them. This apparently raises the issue of compensation. The easiest way to ensure that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is completed.
What if The Will Does Not Name an Executor?
If a will in Cheboygan, Michigan does not name a person to serve as executor, or the decedent dies without having written a will, the court will appoint a person to act as estate administrator.
Typically, the person chosen to be executor is the one who would benefit most under the will, or under Michigan's intestacy laws. "Intestacy" refers to a situation in which a person dies without a will, or "dies intestate." Every state has laws to address this situation, and there isn't a lot of variation from state to state. Typically, the decedent's property will go to his or her closest relative, and if absolutely no living relatives can be found, it will go to the state.
If the will doesn't name anyone as executor, or the person who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Cheboygan, Michigan can apply to the court to be the executor.
Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, using all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).
Can a Cheboygan, Michigan Estate Administration Attorney Help?
If you are the executor of an estate, and don't know how to handle some of the legal and financial difficulties that may arise, an efficient Cheboygan, Michigan lawyer can make this process a great deal easier.