Did a family member die without creating a trust? Paquette Law can help you through this process and ensure that everything goes as smoothly as possible. Free consultation!
Saginaw Michigan
Probate Lawyers
Did a family member die without creating a trust? Paquette Law can help you through this process and ensure that everything goes as smoothly as possible. Free consultation!
Our Saginaw 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:
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 Saginaw Michigan Clients Say
”“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
”“Julie and her team are exceptional! She genuinely cares about everyone. Julie is an expert in estate planning and probate law; you won't find a more knowledgeable attorney. The team understands the complicated court system and work hard to guide their clients through the probate process. Most importantly, they share their knowledge every step of the way to ensure their clients are comfortable and understand the process.”
~ Stacey Walker
”“Probate is a difficult process, and delays the process of grieving. It can definitely can be overwhelming at times if you do not have good representation that can help you during this already difficult time. I would definitely recommend this firm – they helped me navigate this whole probate process. I will always appreciate what they have done to assist me in the probate process."
~ Denitra Flowers
Our Saginaw 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.
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 Saginaw 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.
