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Macomb Michigan

Probate Lawyers

Save time, money and stress by hiring Paquette Law to handle your probate matter. Our reviews speak for themsleves. Free consultation!

Schedule Your Consultation With Us Today!

Macomb Michigan

Probate Lawyers

Save time, money and stress by hiring Paquette Law to handle your probate matter. Our reviews speak for themsleves. Free consultation!

Schedule Your Consultation With Us Today!

Our Macomb Michigan Probate Services

The probate process is when the court oversees the transfer and administration of someone’s affairs and assets after they pass away (or during their incapacity).

Some of the most common assets in the probate process include:

  • Property and real estate
  • Personal items (i.e., furniture, jewelry, cars)
  • Money in checking and savings accounts
  • Stocks, bonds, and investments
  • Intangible assets (patents, trademarks, etc.)

What is the Probate Process?

Probate occurs when the person who died did not create a trust.
If a person set up a will before they died, the probate process is still necessary. And if the person had neither a trust nor a will, the court [estate or assets] will go through probate in accordance with Michigan’s inheritance laws.
However, there are some circumstances in which Michigan law does not require certain assets to go through probate court, for example:
1

Jointly-owned assets:

If a couple jointly owns a house, for example, and one of the spouses die, the house will still belong to the surviving spouse without the need for probate.

2

Assets with beneficiary designations:

These designations, typically made on a financial account like a retirement account or life insurance policy, allow you to transfer assets directly to individuals, regardless of the terms of your will.

3

Assets held in a Michigan living trust:

A living trust is simply a trust created while you are still alive that allows you to keep your assets out of probate court.

Who is Involved in the Probate Process?

Each state has different regulations regarding the process, but most begin with finding someone named in the will to act as the executor — the person tasked with administering the estate.

In Michigan, this person is called a personal representative.

The personal representative will be required to help with certain administrative tasks regarding the estate, such as:
  • Obtaining copies of documents (death certificate, will or trust, etc.)
  • Organizing financial information and documents
  • Collecting estate property and assets
  • Providing the court with all the above information

The probate court will use those assets to pay any outstanding debt or credit your loved one had. Then, what’s left over will be distributed to their beneficiaries.

What Our Macomb Michigan Clients Say

Our Macomb Michigan Probate Case Process

STEP ONE:

Initial Consultation

We’ll listen, gather information, and provide an initial assessment of your case during our initial consultation.

Schedule your consultation
STEP TWO:

Drafting and Review

We’ll develop a customized plan, guiding you through probate or crafting a different type of strategy if needed.

STEP THREE:

Finalization and Funding

We’ll work tirelessly to resolve legal issues and ensure a fair estate settlement.

Frequently Asked Questions

What is probate and when is it necessary?

Probate is the legal process of administering a deceased person’s estate. It’s typically necessary when the deceased owned assets in their sole name, or if there’s a will that needs to be validated and executed.

Why should I hire a probate lawyer?

To avoid probate court entirely, you can work with an experienced Michigan lawyer to help you create an estate plan while you’re still alive so that your family can conduct the estate administration amongst themselves once you’ve passed. However, if your loved one failed to create an estate plan, or chose to only create a will, a probate attorney can help you through this process and ensure that everything goes as smoothly as possible.

What are some common examples of disputes that a probate attorney can help your family through?

  • Contested wills, estates, and trusts
  • Personal representative appointments
  • Fee disputes
  • Contested guardianship
  • Trustee removals
  • Determination of heirs
  • Challenges to jointly owned properties
  • Sale of estate and assets

What happens if someone dies without a will?

If someone dies without a will (intestate) in Michigan, their assets will be distributed according to Michigan’s intestacy laws. This may not reflect their wishes and could lead to unintended consequences. A probate lawyer can help ensure the estate is administered properly even without a will.

How can I avoid probate?

There are several ways to avoid probate in Michigan, which can save your loved ones time, money, and stress. We can work with you to go through your options, which could include:

  • Creating a living trust.
  • Owning property jointly with rights of survivorship.
  • Designating beneficiaries on certain accounts.
  • Gifting assets during your lifetime.

Get Started on Your Macomb Michigan Probate Case Today

At the Law Office of Julie A. Paquette, we’ve seen how complicated probate proceedings can be. Let our team of experienced Michigan probate attorneys help you and your family through this process, or work to create an estate plan for your family on the front end. Start by contacting our office today.

Schedule Your Consultation With Us Today!
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