What is a Supplemental Needs Trust or a Special Needs Trust? A Supplemental Needs Trust (SNT), also referred to as a special needs trust, is a legal document (an irrevocable trust) that allows assets to be held on behalf of someone with disabilities without affecting their eligibility for means-tested public benefits such as Medicaid [...]
What is Probate? The process of administering a deceased person’s affairs. Why do I need to open a probate file? When someone dies and there is a lawsuit, in most states a person must get appointed by the probate court to have legal standing to pursue the lawsuit. “The decedent didn’t own anything. There is [...]
Death certificates in Michigan are an official, legal document which performs a variety of roles. It states when a person died, declares the date and location of death, and the cause of a person's death. Interestingly, the use of death certificates did not become a standard model for confirming deaths in the United States until [...]
The Probate Pro has a Chicago Job Opening! The Probate Pro is looking to add onto our team! The Probate Pro is seeking out a probate attorney in Chicago, Illinois. Interested candidates are encouraged to apply and read the description below to further understand the requirements, job prerequisites and perks of joining our team. This [...]
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 [...]
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 [...]
As part of your role, it may be your responsibility to serve all interested parties in the matter of a person or estate. If the probate court is not serving the interested parties, it falls onto the responsibility of a petitioner to serve the pleadings and filings to all interested parties. Of course, accounting the [...]
