Bills to change probate law proposed after 7 Action News Investigation

Two bills introduced in Michigan Legislature
Posted at 5:14 PM, Jul 14, 2017
and last updated 2019-05-28 20:16:50-04

The effort to change the law in the wake of a 7 Action News investigation into probate practices is moving forward in Lansing.  Two new bills have been introduced in the state House of Representatives. 

The 7 Investigators have been exposing a disturbing pattern of some public officials and real estate brokers taking over probate estates after someone dies, often leaving the rightful heirs with very little.

Macomb County Real Estate Broker Ralph Roberts had been teaming up with some Attorney General-appointed lawyers called County Public Administrators.  The Public Administrators and Roberts’ company called Probate Asset Recovery billed the estates for thousands of dollars, plus Roberts got the real estate commissions when he sold the homes.  Documents obtained by the 7 Investigators showed that Probate Asset Recovery often billed for 1/3 of the value of the estate.

Often the homes were in foreclosure or behind on taxes.

Under the current law, 42 days after someone dies, a Public Administrator can open an estate in probate court in the deceased person’s name to handle any assets.  The Public Administrator then bills the estate for legal fees.

One bill (HB 4822) would keep real estate and asset recovery fees to no more than 10% of the net proceeds from the estate.  The bill would also require the Public Administrator to give notice to the County Treasurer if the decedent’s property is facing tax foreclosure.   This bill is sponsored by Rep. Jim Ellison (D-Royal Oak), Rep. Robert Wittenberg (D-Oak Park), and Rep. Tim Sneller (D-Burton).

Another proposed bill (HB 4821), sponsored by Rep. Jim Runestad (R-Highland Twp.) and Rep. Peter Lucido (R-Washington Twp.), aims to extend the number of days from 42 to 93 days, giving heirs more time to open their own probate estates.

Proposed changes also include strengthening the notice requirements for heirs if a Public Administrator is planning to open an estate.  The changes would require Public Administrators to provide a statement describing why the heir is receiving the notice, and information telling the heir that they can petition the court for a hearing on any matter at any time during the estate’s administration.

The bill would also require the Public Administrator to include a statement detailing their search for heirs.  Many heirs have told the 7 Investigators that they never received notice from the Public Administrator that they were taking over the estates.

“They are basically hoodwinking those relative into getting out of the picture,” said Oakland County Treasurer Andy Meisner in April.

Meisner and Oakland County Clerk Lisa Brown helped bring together a bi-partisan group of legislators to try to change the law.

“You don’t find out there are some holes until somebody learns how to skirt the law… and you realize that things need to be tightened up to stop these predators,” said Brown.

“I feel really good about Probate Asset Recovery.  And I’m going to help get assets for people all over this country,” said Roberts in November 2016.

“You feel good about it, but I’ve got several heirs that say you are preying on people in a time when they’re grieving.  And you’re taking things from them,” asked Catallo.

“I’m not taking anything from anybody.  I’m helping them get things,” said Roberts.

Federal agents and Oakland County Sheriff’s investigators recently raided Roberts offices, and seized records and computers.

The bills were introduced on July 12, 2017.  They have been referred to the Judiciary Committee.

Stay with for the very latest on this proposed legislation.

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