We aren’t estate attorneys, but we have decades of experience observing how clients and their heirs have handled estate matters. One aspect of our work is that there is almost always at least one client estate somewhere in the process of administration. With more than 350 clients we have seen a lot.
Rule number one is, “Choose your successor trustee (or executor) wisely.” As fiduciaries, they are required to follow the terms of trusts and wills and act in the best interest of beneficiaries, but they also have some latitude and differing degrees of supervision.
Executors obtain their authority from a probate court, and this implies some degree of court supervision. Most states, including Michigan, allow both supervised and unsupervised executorship. Under the supervised version, the executor must submit most actions for court approval. This takes time and costs the estate considerable fees, not just from the court but also from the executor who is typically permitted to charge reasonable and customary fees. The alternative is to allow an executor to operate free of court supervision; this is faster and cheaper, but it brings risks as well.
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