Frequently Asked Questions: Getting Suspended
I've received a Notice of Deficiency. What do I have to do?
If you have an attorney, contact them for instructions. If you do not have an attorney, please read the Notice of Deficiency and file the needed documents with the Charlevoix County Probate Court.
I've been "suspended". How can I be reinstated?
You will be reinstated if you file the deficient paperwork timely and otherwise comply with the court's orders.
Why have I been "suspended"?
Fiduciaries are suspended when they fail to file the required paperwork timely.
How do I get rid of a suspension?
You must file the delinquent paperwork immediately and otherwise comply with the courts orders.
If I have been suspended does that mean I am discharged as fiduciary?
If you have been suspended, you are not automatically discharged. The court will give you time to correct the deficiency. If you comply with the court within the given time frame your fiduciary powers will be reinstated.
What happens when I do not file the required paperwork?
If you fail to file the required paperwork, the court may give you an extension. However, if you do not act timely you may be dismissed and the file may be administratively closed.
What is an Order to Show Cause (OSC)?
An OSC is a court order requesting that you appear before the judge to explain why your file is deficient.
What if I do not show up for an Order to Show Cause (OSC) hearing?
If you do not show up for an OSC hearing, you may be found in contempt of court, you may be fined, and you may have a bench warrant issued for your arrest.
If I file my paperwork before the OSC court date, do I still have to show up?
No, if you file the paperwork, the court will dismiss the OSC hearing.