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.
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