Our team understands that your probate issues may go beyond the scope of the court and involve navigating complex agencies such as Social Security, Medicaid, VA, and the like. Not only can our firm assist with your private estate planning needs, but we can also lend a hand with your decedent estate, guardianship/conservatorship matters, and much more. Our firm’s knowledge base extends beyond the courthouse walls and can help assist with placement, medical, and financial matters as well.
See below for a more detailed description of the services we offer.
Preparing for your future is one of the most important things you can do, but how do you know what you need to do? Do I need a will or a trust, or both? What is a power of attorney? Probate is not a one size fits all. Our team takes the time to understand your particular needs and recommend products that are most beneficial to your situation. Now more than ever, people are experiencing the headaches and hardships of not having their affairs in order. Recently married? Had a baby or have a blended family? Entering retirement? Going on a trip or having surgery? All of these are great reasons to get your affairs in order. Developing a proper estate plan not only ensures that your assets are properly distributed according to your wishes; it also serves as a guide for your loved ones. Don’t let the myths of probate shy away from proper planning. Contact us for a free consultation, and we will help make the process smooth and simple.
There are many types of trusts in Michigan, including Revocable Trusts, Irrevocable Trusts, Testamentary Trusts, Charitable Trusts, and Special Needs Trusts. While there are different types of trusts, the underlying concept of trust administration is the same - management of the assets within the trust. The trustee is the person responsible for the day-to-day management of the trust’s assets and has a fiduciary duty to protect those assets and abide by the terms of the trust. The trustee is just one type of party involved. Others include the settlor and beneficiary. Whether you want to create a trust (settlor), have been appointed as a trustee, or are a beneficiary who stands to inherit from a trust, our office can assist you with understanding your administration obligations and other duties.
When a loved one passes away and leaves property behind (an “Estate”), that property needs to be appropriately managed and distributed. The person in charge of this process is known as the Personal Representative. The Personal representative must properly administrate the estate and effectively deal with creditors, titling issues, taxes, beneficiaries, and other responsibilities. Whether the decedent passed away with (testate) or without (intestate) a Will, dictates what process to follow and determines how to distribute assets. The value of those assets will also determine what type of probate estate is necessary. If you have had a loved one pass away and are unsure of the next steps, our attorneys and staff can help guide you through the process.
A guardian is someone who is given the legal authority by the probate court to assist in making personal needs/medical decisions. A conservator is someone who is given the legal authority to assist in making financial/property decisions. A person who loses the ability to make these types of decisions for themselves may require the assistance of a guardian and conservator. The court process for establishing a guardianship/conservatorship is not always black and white. A petition must be filed that ultimately establishes by clear and convincing evidence that the person in need cannot make informed decisions for themselves. Various parties/processes will be involved throughout the court process to protect the alleged incapacitated adult, including the appointment of a guardian ad litem, a court-appointed attorney, and potentially a court-ordered psychological exam. The process can be overwhelming and emotional. Our firm can assist family members who wish to seek guardianship/conservatorship for a loved one and help navigate the complex court system and other agencies.
Our firm can serve as a Guardian, Conservator, Trustee, and Personal Representative if you find that a neutral person should act as the fiduciary. Sometimes family members find it better for an outside neutral party to serve in that role to allow the family relationships to stay just that – family. Our firm currently acts in this capacity for over 400 individuals. Our staff has extensive knowledge in dealing with mental health issues, finding proper placement, managing finances, applying for and maintaining Social Security and Medicaid benefits, and much more. Our background stems from social work, and over the years, we have developed a vast network of resources to aid in our services.
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