A Receiver can be particularly
useful in the administration of a probate estate. Regularly,
a personal representative or conservator is confronted
with the need to administer real property or a business.
In addition to staying a mortgage or tax foreclosure
on real property, a Receiver can take action to recover
assets wrongfully transferred from an estate or to
operate a business on the estate’s behalf.
Probate courts are conferred with the same jurisdiction
as circuit courts to appoint a Receiver. MCL 600.847
provides:
In the exercise of jurisdiction vested in the probate
court by law, the probate court shall have the same powers
as the circuit court to hear and determine any matter
and make any proper orders to fully effectuate the probate
court's jurisdiction and decisions.
A Receiver would serve under the purview of the probate
court with the same powers as provided to a Receiver
appointed by a circuit court.
David Findling is an acknowledged expert in Receiverships.
He has served in both state and federal courts and
maintains a blanket surety bond. In 2000, he was named
Michigan Lawyer of the Year by Lawyers Weekly for his
work as a receiver. Mr. Findling and his staff have
the expertise and resources to administer businesses
and property in estates that vary widely in nature,
size and complexity.
|