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2 03, 2023

Emptying House Before Probate

March 2nd, 2023|Probate|

Losing a loved one is never easy, and it becomes even more complicated when you have to deal with their estate. If you've inherited a house after a family member's death, you may be wondering what to do with it. While it's tempting to start emptying the house and selling its contents right away, it's essential to understand the probate process and how it affects the disposal of the property. Determining When to Empty House Probate is a legal process that occurs after a person passes away. It involves the court overseeing the distribution of their [...]

28 12, 2022

Notice to Creditors

December 28th, 2022|Probate|

Notice to Creditors Michigan When a loved one passes away, families experience a very difficult, emotional time.  While still grieving, they must settle their loved one’s estate. In order to do this, they must determine the estate’s assets and financial obligations. Depending on the size of the estate, this may be a tremendous task. Also, the decedent may not have proper estate planning documents in place. Consequently, many people seek the advice and guidance of an experienced estate planning attorney during this difficult time. Does Debt Go Away After Death? No. Michigan Law dictates that [...]

19 10, 2022

Breach of Fiduciary Duty

October 19th, 2022|Probate|

Michigan Law defines fiduciary relationships. This definition clearly states that in a fiduciary relationship one person must carry out their duties to benefit others.  A number of fiduciary relationships apply to estate administration. Basically, a fiduciary is a person or an institution you choose to handle your estate and carry out the terms of your will and trust. When an individual dies intestate, without a will or trust, the court may assign a fiduciary to settle financial matters. Fiduciaries include: trustees, executors, and your agents assigned as powers of attorney. Each assigned individual, or organization [...]

23 05, 2022

Probate Administration

May 23rd, 2022|Probate|

Michigan Probate Courts handle cases involving estate administration, guardianship and conservatorship, and commitment hearings. In regards to estate administration, or probate administration, the County Court supervises the process where a decedent’s assets are distributed to heirs. Probate Courts make sure property and other assets are properly allocated after someone dies without trust documents. Michigan Probate cases may take seven months or longer after a personal representative is appointed. So, if you receive a Notice of a Probate Court proceeding, contact an experienced Family Law attorney that specializes in estate administration. Michigan Probate Process Michigan’s probate process [...]

9 07, 2021

5 Tips for Choosing the Right Probate Law Firm

July 9th, 2021|Probate|

According to a recent survey by Edward Jones, 77% of American adults believe that estate planning and will writing is essential for everyone, regardless of their income levels or wealth. Yet over 55% die without having a will or an estate plan in place, while 71% of those that have, don’t have an updated one. Suppose a deceased loved one appoints you as an executor of their estate. In that case, you may have to grapple with the reality of losing someone that you cared for while negotiating a potential minefield of legal decisions and [...]

18 09, 2020

Probate Real Estate

September 18th, 2020|Probate|

Probate For Real Estate Property in Michigan When someone is interested in purchasing or selling real estate, there is sometimes a question regarding who rightfully holds the title or deed to the property. This comes about usually due to a person passing away without a proper will or failing to deed a property to their heirs before passing. Without a proper will or deed from the decedent, a home cannot be legally sold, refinanced or owned by any person other than the decedent's estate. In Michigan, when this situation happens the property will be forced [...]

25 08, 2020

Livingston County Probate Court

August 25th, 2020|Probate|

The Livingston County Probate Court handles cases relating to the administration of trusts and/or estates after someone passes away. This process of administering assets can be carried out regardless of whether or not the decedent had a will. Also, the court handles cases relating to the appointment of guardianships and conservatorships for minors and individuals with mental and developmental disabilities. In addition to this, the court handles cases regarding the involuntary commitment of persons with mental illness. Since the issues covered by the court are often complex, it's important to consult with a lawyer who’s experienced [...]

11 05, 2020

Washtenaw County Probate Court

May 11th, 2020|Probate|

The Washtenaw County Probate Court is part of the Family Division of the Washtenaw County Trial Court system. This court primarily handles cases regarding the administration of estates after an individual passes away. This can be handled regardless of whether or not the deceased had a will. In addition to this the court also handles cases for conservatorships on behalf of both minors and adults, which is useful when the person is not capable of making decisions on their own or is simply too young to do so. In these cases the court may appoint a [...]

13 03, 2020

Michigan Probate Court Forms

March 13th, 2020|Probate|

Michigan Probate Court Forms Probate is used to determine who will receive property and inheritance of a deceased individual. This court-supervised process varies for each state. In Michigan, probate is required for most estates with only a few exceptions. When going through this process, there are several important Michigan probate court forms. When someone dies in Michigan, probate is supervised in the local circuit court in the county where the individual lives during the time of death. This page gives information along with PDF examples of Michigan probate forms. Many of these examples are taken from [...]

4 02, 2020

Personal Representative

February 4th, 2020|Probate|

The Purpose of a Personal Representative in Probate A personal representative is an individual approved by the court to settle an estate. This person may also be referred to as an executor/executrix or an administrator. This individual is in charge of overseeing the distribution of assets in probate court. They're also in charge of settling all aspects of an estate after someone passes away. If a decedent left a will, the personal representative should be named in that legal document. When a person passes away without a will, then the Probate Court names the personal representative. [...]

7 01, 2020

Intestate Succession

January 7th, 2020|Probate|

Michigan Intestate Succession Intestate succession occurs when a person dies without a written, legal document detailing how to distribute their property and assets. If a decedent passes away without a will or trust in place the estate usually goes through Probate Court. This process is both lengthy and expensive so it’s important to obtain legal council when a family member passes away without an estate plan. Each state has their own individual process to determine who inherits assets. This page focuses on intestate succession in the State of Michigan. Michigan's Laws on Dying Without [...]

17 12, 2019

Michigan Probate Laws

December 17th, 2019|Probate|

Michigan Probate Rules & ProcessesProbate is a legal process used for the administration of someone's assets after death. The process for probate varies depending on which state the individual resides in at the time of death. This article will focus on Michigan probate laws.Please note, that the information found within this article can serve as a useful guide; however, it should not be considered a substitute for professional legal advice. If you have legal issues related to probate in Michigan, you should contact an attorney that specializes in this area.Table of ContentsDefinitionsMichigan Probate ProcessPassing Away With [...]

15 10, 2019

Macomb County Probate Court

October 15th, 2019|Probate|

Macomb County Probate Court - What You Need To Know When a loved one dies, the process of facilitating their assets to family members can be straightforward or it can end in lots of litigation and claims. If the situation ends up going to probate, you need to understand the laws in your state and which court you need to visit to handle all these matters. You need to learn more about the Macomb County probate court so you can figure out what obligations you must fulfill and the processes you need to follow. To learn [...]

27 09, 2019

Probate a Will

September 27th, 2019|Probate|

What it Takes to Probate a Will in Michigan This article discusses the process involved to probate a will, and covers other useful information regarding probate in the State of Michigan. When Someone Dies Without a Will When a person passes away without a will or trust their assets are declared intestate. This means that the state probate courts are in charge of administering the estate. This court-supervised legal process assigns a family member to gather the decedent’s assets, pay debts and taxes, and finally distribute assets to people who inherit them. Of course, [...]

2 08, 2019

What is Probate?

August 2nd, 2019|Probate|

What is Probate? As an experienced law firm that routinely deals with elderly clients and their families, we are often asked “what is probate?” Before answering this question, it’s important to understand that there’s a specialized court known as “probate court.” These courts deal with specialized issues relating to illness, disability, and death. Simply put, probate is a court supervised process that oversees the distribution of someone’s assets and inheritance after they pass away. This article provides a background on probate and describes various legal issues that an attorney who practices in this area deals [...]

6 12, 2018

When Is Probate Necessary?

December 6th, 2018|Probate|

When Is Probate Necessary? Probate is a fairly complex process; as a result, people often have many questions related to the topic. Common questions include: Is probate necessary if there’s a will? Do all assets have to go through probate? Is an attorney necessary? We will address these common questions, and provide further information below. Overview Probate is a legal process in court involving the distribution of assets from a deceased individual. This process applies to the death of any individual with an estate of any size, with or without a will in place. [...]

18 10, 2018

Oakland County Probate Court

October 18th, 2018|Probate|

Oakland County Probate Court The Oakland County Probate Court hears cases involving the distribution of wills, trusts, and estates after a person passes away. Furthermore, the court also hears cases involving conservatorships, guardianships, and issues related to mental health/disability. These cases are often complicated and require a thorough understanding of laws involved with each specific issue. Probate Court Processes Several issues related to probate have their own set of processes, fees, and legal documents. To obtain information related to a specific issue, see the links below. *Please Note* Information within the links below [...]

18 10, 2018

Wayne County Probate Court

October 18th, 2018|Probate|

Wayne County Probate Court The Wayne County Probate Court hears cases related to the administration of trusts & estates after a person passes away. This administration of assets can be done regardless of whether or not the deceased individual died with, or without a will. Additionally, probate courts may appoint conservatorship and guardianship on behalf of minors as well as incapacitated adults. Other issues commonly handled in probate court are cases related to mental health including: hospital care for mental illness, guardianship for individuals with mental disabilities, and more. Since these issues are often complex, it’s [...]