Bloomfield Hills, Michigan

Probate Attorney

When your family is grieving, the last thing you want to think about is a legal battle.

But if you’re heading towards probate proceedings after losing a loved one, getting through the details can be tricky.

Our legal team at the Law Office of Julie A. Paquette has been in your shoes. We’ve seen loved ones fight over assets, challenge the validity of a will, and create huge family rifts.

We’re here to help you avoid all of that contention by focusing on following your loved one’s wishes as much as possible and determining what’s fair for everyone.

Schedule your free and confidential consultation

Bloomfield Hills, Michigan

Probate Attorney

When your family is grieving, the last thing you want to think about is a legal battle.

But if you’re heading towards probate proceedings after losing a loved one, getting through the details can be tricky.

Our legal team at the Law Office of Julie A. Paquette has been in your shoes. We’ve seen loved ones fight over assets, challenge the validity of a will, and create huge family rifts.

We’re here to help you avoid all of that contention by focusing on following your loved one’s wishes as much as possible and determining what’s fair for everyone.

Schedule your free and confidential consultation

”“Julie was just what I needed at a difficult time. She was honest and very forthcoming about my situation. She helped me navigate through it. Then I hired her again for my estate planning. She has always been kind and helpful, I would recommend her happily to others.”
~ Susan

What is probate?

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.)

How do I know if my assets will be subject to probate in Michigan?

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:

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.

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.

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.

How does the probate process work in Michigan?

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.

Why should I hire a Bloomfield Hills probate lawyer?

Thankfully, most probate cases go through fairly smoothly. But for those situations in which an element of the estate is contested, probate can be a highly-contentious process for a family.

Everything that occurs in probate court is also public information, which can further complicate matters.

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.

Some examples of disputes that a probate attorney can help your family through include:

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

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

Even if there are no disputes, having an experienced Michigan probate lawyer on your side ensures you and your family follow your loved one’s wishes and receive all the assets you were meant to receive.

Contact the Law Office of Julie A. Paquette 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 free and confidential consultation

Bloomfield Hills, Michigan

Probate Attorney

When your family is grieving, the last thing you want to think about is a legal battle.

Bloomfield Hills, Michigan

Probate Attorney

When your family is grieving, the last thing you want to think about is a legal battle.

What is probate?

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:

How do I know if my assets will be subject to probate in Michigan?

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:

Jointly-owned assets:

Assets with beneficiary designations:

Assets held in a Michigan living trust:

How does the probate process work in Michigan?

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:

Why should I hire a Bloomfield Hills probate lawyer?

Thankfully, most probate cases go through fairly smoothly. But for those situations in which an element of the estate is contested, probate can be a highly-contentious process for a family.

Some examples of disputes that a probate attorney can help your family through include:

Contact the Law Office of Julie A. Paquette today

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