Being a fiduciary is a huge responsibility. When you serve as a fiduciary (personal representative, guardian, conservator or trustee) it is important to follow all of the requisite statutes and court rules. The fiduciary is expected to complete his or her duties within a reasonable period of time and within the timelines set forth by [...]
The Probate Pro recommends that you store a Last Will and Testament and other estate planning documents in the most logical, safe, and secure place. The most important thing to remember when deciding where to store a Will is to safeguard it but not to hide it from everyone. Hiding it means that no one [...]
When you take on the important role of serving as a Conservator on behalf of another person one of the required responsibilities is to account for the finances. Michigan statute MCL 700.5418 provides that a conservator shall account to the court for administration not less than annually unless the court directs otherwise, upon resignation or [...]
Michigan’s Notice statute MCL 700.1401 provides the method, manner, and time for providing Notice of Hearing in Michigan probate matters. And, Michigan court rule MCR 5.125 identifies the interested parties depending on the nature and type of the probate court filing. The Notice of Hearing is a State Court Administrative Office (SCAO) form, which can [...]
If someone has died and there is a vehicle, it will be necessary to transfer the title to the proper person. The manner in which this is done depends on a number of factors. Was the vehicle in joint name with survivorship rights? Is there, or will there be, a probate estate? If no probate [...]
Unless the estate is extraordinarily large (the exemption is $11.7 million for 2021), you should receive the inheritance from your loved one (in Michigan) without any probate taxes! Inheritance taxes are taxes that a person needs to pay on money or property they have inherited after the death of a loved one. The Probate Pro [...]
Cost of Living Adjustments - Michigan Probate and Trusts One of the most common questions we get asked at The Probate Pro is how to distribute a probate estate. Unfortunately, it is not an easy answer as probate and trust administration can be quite confusing and complicated. A Cost of Living Adjustment or COLA (not the [...]
Generally, a Special Needs Trust is a very specific trust that can be beneficial to those receiving government benefits because of special needs. Most commonly in this category is Medicaid and SSI. To receive government benefits such as Medicaid and SSI, an individual must have limited assets and income. A Special Needs Trust is [...]
Congratulations to our very own Amy Peterman and Andrew Lorelli. Each recently won an important litigation case for their client in the Probate Court. Amy Peterman assisted her client in establishing the client's heirship to her deceased father who passed intestate (without a will). The personal representative for the decedent, one of his other daughters, [...]
Did you make any resolutions this year? Just 3 weeks in, how are you doing so far? Studies have shown that less than 25% of people actually stay committed to their resolutions after just 30 days, and even fewer actually accomplish them. Credit Forbes. Even if you've already given up on your resolutions, or if [...]
