June 27, 2008, Introduced by Rep. Hildenbrand and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 3719 (MCL 700.3719).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3719. (1) A personal representative is entitled to
reasonable compensation for services performed. A personal
representative may pay the personal representative's own
compensation periodically as earned without prior court approval.
(2) If an attorney serves as personal representative, the
attorney shall maintain time records that state the identity of the
person performing personal representative services, the date the
services are performed, the amount of time expended in performing
the services, and a brief description of the services.
(3) Upon request of an interested person affected by payment
of
personal representative fees, the attorney a personal
representative
shall send the time records that state the date the
personal representative performed services, the amount of time
expended in performing the services, and a brief description of the
services to the interested person.
(4) (3)
If a will provides for the personal
representative's
compensation and there is no contract with the decedent regarding
compensation, the personal representative may renounce the
provision before qualifying and be entitled to reasonable
compensation. A written contract between the decedent and the
personal representative regarding compensation for estate
settlement services is binding on the personal representative.
(5) (4)
A personal representative also may
renounce the right
to all or a part of the compensation. A written renunciation of fee
may be filed with the court and shall be served on all affected
interested persons.