Where KNOWLEDGE and EXPERTISE 
Meets SIMPLIFIED LEGAL SOLUTIONS

Why Do You Need An Estate Plan?

If you reside in Michigan, you may be wondering why you need an estate plan. While many people believe that estate planning is only for the wealthy, this is not the case. An estate plan can be beneficial for anyone who owns property or assets and wants to ensure that their loved ones are taken care of after they pass away.

Our motto is "Everyone needs an Estate Plan".  That's right...everyone from the single parent to those in second marriages.  An Estate allows you control what happens (who, what, why, where and how) to your assets after you die.

Estate planning is not just about what happens after you die. A good estate plan will also protect you at incapacity. It will let you—not the courts—keep control of your assets and control of decisions about your medical care when you can no longer handle your own affairs.

Without a plan in place, your assets will be subject to Michigan's intestacy laws, which dictate how property is distributed when someone dies without a will. This can often lead to conflicts among family members and loved ones, and can result in your assets being distributed in a way that you may not have intended.

Estate Administration and Probate

Probate is the legal process through which the court makes sure that, after you die, your will is valid, your debts are paid and your assets are distributed according to your will.  When you die, your loved ones will need to open an Estate in the County in which you resided or where you owned property.

Probate Court also handles the appointments of guardian and conservator for adults, minors, and developmentally disabled persons. In Southern Michigan, there are a few things you need to know about probate.

1. If the deceased person left a will, the personal representative named in the will must file it with the probate court. 
2. The personal representative must give notice to all interested parties, including beneficiaries and creditors. 
3. The personal representative must inventory the deceased person's assets and liabilities. 
4. The personal representative must pay the deceased person's debts and taxes. 
5. The personal representative must distribute the remaining assets to the beneficiaries.

When someone passes away, their estate must go through the probate process. This is a legal process that is overseen by the court. The court will appoint a personal representative to handle the probate process. The personal representative is responsible for gathering the assets of the estate, paying any debts, and distributing the assets to the heirs. The probate process can be complicated, so it is important to have an experienced attorney to help guide you through the process.