When someone has filed a petition to the probate court, they are asking for the court to do something. After the petition is filed, there’s a notice and hearing, which is followed by the court making a ruling. Once the court speaks, the ruling and direction taken going forward is put down on a form [...]

Waiver and Consent

An interested party in a probate, guardianship estate or trust will have their rights, protected by statutes and court rules. When a request is made to the court, the interested party has the opportunity to provide their consent on the request made, or to waive their rights. If the interested party is inclined to do [...]

2021-01-06T08:45:13-05:00Wednesday, January 6, 2021|guardianship, Probate, Trust|0 Comments

Undue Influence and Capacity in Michigan

In Michigan, can a person under Guardianship or Conservatorship execute an Estate Plan? Quite simply, there is no statutory bar for a person under guardianship or conservatorship to execute an estate plan. Warning bells may be ringing but it can be permissible under certain circumstances. Let’s examine this question reviewing two of the theories that [...]

2020-11-03T11:30:16-05:00Tuesday, November 3, 2020|probate litigation, Trust, Will|0 Comments

Trust Disputes and the Trust Litigation Timeline

The Probate Pro litigates trust disputes in probate court. A dispute involving any trust or aspect of a trust, whether it be the language of the trust, the actions of a trustee or beneficiary, or another facet of a trust, is referred to as a trust dispute or trust litigation. As a trustee, you are [...]

2020-06-19T11:10:04-04:00Friday, June 19, 2020|probate litigation, Trust, Trustee|0 Comments

Navigating Through A Trust Dispute

Trust is a word with multiple meanings. We all know trust means that you have firm belief in the reliability, truth, ability or strength of someone else. Trust also has a legal definition, which pertains to an arrangement whereby a person (the trustee) holds an asset such as property or money for the benefit of [...]

Three Common Questions About a Pet Trust

Many families around the world have a canine, feline or other type of animal companion that’s in their lives. While there’s no biological relation, they’re often treated like family. When it comes to family, you always want to leave them protected. Through a comprehensive estate plan, you can protect your family and assure your assets [...]

2020-06-15T12:10:59-04:00Friday, March 6, 2020|Assets, estate plan, Estate Planning, Trust|0 Comments

The Tom Petty Estate Drama Continues

Earlier this year, we talked about Tom Petty's estate and how family drama has reached a boiling point. Daughter Adria and widow Dana York Petty have been entangled in the estate of the late rock icon for at least a year and a half now. At first, we talked about how Adria and her sister [...]

Be Sure to Check Your Estate Annually

Every year you should go to the doctor to get a physical, see how you're doing and if there are any changes that need to be made in your life. All of this is for the betterment of your health. In this respect, wouldn't you do the same when it comes to an estate plan? [...]

2019-05-23T12:47:09-04:00Thursday, May 23, 2019|estate law, estate plan, Estate Planning, Trust, Trustee, Will|0 Comments

The Truth About Gun Trusts in 2019

Estate planning in general is about ensuring that your wishes are carried out. A gun trust can be used to ensure that your firearms go to the people you want them to go to and to protect that person from breaking the law. Anyone who owns a Title II weapon is aware that regulations for [...]

2019-05-21T12:33:59-04:00Tuesday, May 21, 2019|Trust|0 Comments
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