If you’re dealing with the recent passing of a loved one or working on your estate plan, you’ve likely encountered the term “probate.” But what does it actually mean? Many people are unfamiliar with the process, yet it plays a crucial role after someone dies.
Probate law involves some of the most sensitive issues that can impact a family. Probate courts oversee the administration of estates after people die—and they are responsible for a lot of important decisions. They supervise trusts, can appoint guardians and conservators, and can even involuntarily commit someone to a mental health facility. Here’s a very quick explainer from our top-of-the-line attorney, Darren Findling, on the difference between probate, trusts, and estates:
The future of your or your loved one’s estate is too important to figure out on the fly. Contact a Royal Oak probate lawyer from The Probate Pro if you need help with a matter before a probate court or need assistance crafting an estate plan. Our attorneys are masters in probate law and will provide valuable advice and guidance so you can rest easy knowing your assets are secure. No one else comes close to the professionals at The Probate Pro.
What happens to a person’s property after they die? It’s not as simple as the family divvying up whatever they want. When someone dies, nearly all property that they owned solely in their own name goes through probate. This is true whether or not the person had a will.
By law, the court must name someone to manage the probate process— this person is called the estate’s personal representative. If the deceased person had a will, then it would likely name someone for this role. When there is no will (known as dying intestate), the court will name a family member or associate of the deceased person to serve as the personal representative, and this person has a huge job in front of them.
The personal representative must collect all the deceased person’s property, value it, resolve the decedent’s debts, and distribute what remains to the decedent’s heirs or devisees. If you’re that person, you may feel like you’re in over your head, but there’s good news: that’s why The Probate Pro exists.
Personal representatives should seek advice from our talented probate attorneys in Royal Oak to ensure they are handling their duties correctly and in accordance with the law. We can manage all of the legal hurdles and court interactions while you focus on healing and ensuring your loved one’s assets make their way to the intended people.
One of the important probate-related services we provide in Royal Oak is setting up trusts and estate plans. These are estate planning tools that people use to keep their property out of the complicated and time-consuming probate process. A person who establishes a trust is often called either the trustor, grantor, or settlor. When the trustor dies, any property they put into the trust passes to beneficiaries according to the terms of the trust. Sounds like a good investment! But don’t you need to be a multi-millionaire to make this happen?
Contrary to popular belief, trusts are useful for families of most income levels. They can help ensure family members have immediate access to cash and other property after a loved one’s death, and avoid the delay and expense of probate. Not only that—they can also help a person plan for long-term care needs, ensure a disabled loved one has access to funds, protect assets from creditors, and reduce or avoid estate taxes. The benefits of a trust are endless!
There are many kinds of trusts that accomplish different objectives, and it can be impossible to know which one is the best choice for your particular situation. Let the largest probate coordination firm in the country prevent any further confusion. Our Royal Oak probate law attorney can recommend and draft an appropriate trust depending on the trustor’s goals, resources, and family circumstances.
Situations sometimes arise that require a competent, responsible adult to supervise another person or oversee their financial affairs, and probate courts can appoint guardians or conservators in these circumstances.
Michigan Consolidated Laws § 700.5401 allows a probate court to appoint a conservator to manage the property of a minor or an adult who is unable to manage their own affairs due to addiction, mental health challenges, or age-related cognitive difficulties. Older adults who fear losing the capacity to properly manage their affairs can request that the court appoint a conservator. This can be a tough discussion to have, and our highly qualified team is meticulous in our work and always respectful in dealing with all parties involved.
The issues surrounding conservatorship are complicated, so it is critical to seek guidance from a Royal Oak attorney who knows how probate works. We spent years gaining vast amounts of knowledge and experience in this area so we can make it as easy for you as possible.
We think it goes without saying that probate matters are complicated, especially in the aftermath of losing someone you cared about. The stakes are high and everything needs to be done just right so everyone walks away feeling like the deceased’s wishes were granted. Whether you are settling an estate, trying to preserve wealth for your family, or concerned about a vulnerable relative, you need a skilled Royal Oak probate lawyer in your corner.
The highly driven and experienced team at The Probate Pro focuses exclusively on probate matters—nothing else. We have the deep knowledge and years of experience you need, so reach out to us today and schedule a free consultation to discuss preparing your estate for probate or managing one as a personal representative. When you need the best, we are ready to take your call and get to work.