If you pass away owning an asset in your individual name, with no named beneficiary or joint owner, then that asset must go through probate. One of the most common misconceptions is that if there is a will then you don’t have to go through the probate process. Fact is, the ownership of the asset [...]
It’s an often-asked question, but to those of us in probate, it’s an age-old question. Does a will avoid probate? The answer to this question is no, a will does not clear way. A will is a document that guides you through the probate process. The only way to avoid probate is if there were [...]
There are two primary ways in which probate estate is opened in the State of Michigan. Why are there two different ones? Because there’s an informal process and a formal probate process. Each one has different steps and requirements. Which one you use is going to depend on your situation. Let’s cover the informal and [...]
Understanding how to probate can be difficult. It's by design, but it's also done to make sure everything is taken into account. The process is long and arduous, with many forms to be filled, appearances in court that need to be made, and that's just the tip of the iceberg that is this process. But, [...]
What is the difference between a Conservator and Guardian? In the court of law, an adult who is unable to take care of themselves or their property and minors are considered to be incapacitated persons. An incapacitated adult or minor will need someone to oversee them, assuring their safety and well-being. Enter guardians and conservators, [...]
Conservator Appointment in Michigan Unfortunately, there are times when a person is not able to manage their own financial affairs. If the person has failed to adequately plan with a Power of Attorney, a person, called a “conservator” can be appointed by the probate court in which the individual resides. Upon the filing of a [...]
Why should an estate plan be top-of-mind for millennials? The truth is, we cannot predict the future. We don’t know when our time will come. Terrible accidents happen all the time. What we do know is what a mess you could potentially be leaving behind if you do not have a will. As millennials begin [...]
Family Disputes Over Estates Happen Too Often Feuding over the estate of a loved one is a surefire way to cause separation within a family. Even within my own family there have been many arguments concerning assets that belonged to my grandfather. Not having a will or an estate plan can leave things messy, and [...]
TITLE: Associate Attorney The Probate Pro (www.theprobatepro.com), a division of the Darren Findling Law Firm, a growing probate, trust administration, and estate planning law firm in downtown Royal Oak seeks an associate level attorney. This attorney should have the ability to communicate and work effectively with clients and firm personnel. One must be comfortable working [...]
Don’t let your investments end up being considered just “personal property.” After your death, all of the things in your home or office are considered “personal property” and depending on how you’ve planned, may become subject to the determination of the person appointed as your personal representative. The personal representative can decide to sell them, [...]
