Notice of Deficiency - YouTube

uh oh you forgot to do something hi i'm darren  filling of the probate pro and we're going to  

examine the scale form pc600 scale for state court  administrative order pc for probate court and this  

is the form you never want to get it's like  getting the pink slip at work or the detention  

notice at school it's a serious document and the  reason that you don't want to get it is it means  

that you've failed to perform a responsibility as  the fiduciary you failed to perform some required  

timing responsibility with the court and you're  going to get into additional problems if you  

fail to cure or correct the particular failure  now it can be used in a variety of of contexts  

which we're going to cover in a moment with all  of the scale forms they are created by either  

statute or core rule or both and this particular  one is created by mcr 5.203 that particular  

court rule provides that the probit court is to  notify fiduciaries of when they are deficient  

of a particular responsibility and give them an  opportunity to cure or correct that deficiency now  

failing to cure it can mean all sorts of things  it could mean you're suspended you're sanctioned  

your surcharge a special fiduciary is appointed  all sorts of bad things can occur also one of the  

requirements of the court rule is for the court  to not only notify you of the deficiency but also  

to notify sureties uh bonding companies if there  are any sureties involved so this particular form  

if you receive it take it seriously and respond  to it don't ignore it so let's kind of understand  

how it's used and what it may apply to depending  on the various context that you would receive it  

remember this is not a form that you're creating  it's a form the court is creating sending you  

notice that you are deficient you've broken your  your duties you've breached your duties you've  

failed to do something you're required to do  under statute or court rule top left corner will  

identify the court top right corner the county  now often this form gets sent out by the court  

and it gets crossed in the mail so you filed your  document and the court sends out the notice almost  

at the same time we see this happen a lot or  maybe it got filed but the court didn't docket  

it correctly these are computer generated usually  by the course so they're fired out by a computer  

algorithm so if the court doesn't recognize  that you fulfill the responsibility it gets sent  

so sometimes there are mistakes it happens but  don't ignore it if you receive it don't assume  

it's a mistake make sure you've clarified that  it is or was sent improperly at the top you'll  

see the court address as well as the estate name  and then the recipient of the particular notice  

again pretty intuitive the next part identifies  what the deficiency is it says it appears from a  

review of the court file and then there are lots  of check boxes so let's cover each one of these  

one at a time the first is when an inventory is  filed in a deceased estate the court has to have  

sufficient information to be able to determine  the inventory fee that gets assessed to the  

probate estate and must be paid so for example  if you file an inventory and it's blank or you  

file no inventory or an inventory that doesn't  give sufficient information the court doesn't  

have enough information for it to assess the gross  inventory fee second box would just simply be that  

the inventory hasn't been filed and it must  be filed pretty straightforward next one is  

you've filed your inventory or presented under  the statute your inventory but you failed to pay  

the inventory fee so you're delinquent in the  payment not in the filing or the presentation  

of the inventory but rather in the payment  money is owed next box relates to guardianships  

of miners and this has to occur on an annual basis  on the anniversary of the letters of guardianship  

for a minor that box provides that you have failed  to do your annual report pretty straightforward  

process which we've explained in another video  file it cure the deficiency next box relates to  

the annual report of an adult a legally  incapacitated individual that process again  

it's another type of annual report and again  i've explained that in another video explaining  

how to complete that scale form next one is on a  developmental disabled individual these dd files  

again very similar reporting requirements on an  anniversary basis for these files the other is  

you may have done some other deficiency that the  court required you to do but there's no convenient  

checkbox so the court can fill that section in  and the provision says that you are now notified  

you have to correct it within 28 days from the  date of the notice not the date you received it  

from the date of the notice and you can always ask  for an extension the court rule does provide you  

can make a extension request and the court can  grant that extension for time in addition the  

court can impose a requirement for you to appear  at a conference for an explanation of the status  

of that deficiency so again look at the particular  check boxes and any requirements or dates that are  

set forth there if the court is ordering you  to appear at a memorandum or status conference  

the next part is simply what i've been saying  throughout the presentation of this particular  

scale form do not disregard the notice because  the court rules are in place to keep you in power  

keep you in authority and to ensure that you're  fulfilling your responsibilities your fiduciary  

responsibilities in that fiduciary role failure  to do so can cause all sorts of problems for you  

so if for for some reason you can't fulfill the  responsibility because of health or otherwise  

advise the court let the court know don't just  ignore it that will get you into all sorts of  

problems then there's a date provision there and  that date provision is set forth by the register  

or the court clerk and the reason that date is  really important is it's the 28 day time frame  

from that date that triggers the appointment of a  special fiduciary the suspensions or whatever may  

occur thereafter so it's 21 28 days from that date  that's uh indicated there in addition the court is  

advising that if there are special disabilities  or foreign language issues or otherwise  

let the court become aware of it so the court can  provide suitable accommodations for that issue  

again most importantly make sure that you don't  disregard a notice of deficiency because that  

notice of a deficiency is step one to greater  problems that will come on down the road  

now with this this is a good time to just suggest  that whenever you're administering a guardianship  

conservatorship to cease to state we strongly  urge you to work with a skilled competent  

probate lawyer because these types of noticing  and dates should be well understood by the the  

probate lawyer they may not be so intuitive to  you even though when you become the guardian the  

conservator the personal representative all of  those dates are set forth on that initial notice  

that the court gives you so you have to calendar  those dates and pay particular attention  

to those dates to avoid getting a notice  of deficiency at the probate pro we are  

passionate about everything probate if you have  a question about a probate or trust related issue  

or any questions at all visit us at  theprobatepro.com or call us at 1-833-probate