By wrpurcell | Published March 30, 2015 | Posted in Codicil, Estate, Macomb County, Oakland County, Personal Representative, Powers of Attorney, Probate, Probate Court, Special Needs Trust, St. Clair County, Trust, Will | Tagged Tags: Guardian, Intestate, Macomb County, Oakland, Oakland County, Oakland County Probate Court, Personal Representative, Probate, Probate Court, Rochester, Rochester Hills, Shelby Township, St. Clair, Sterling Heights, Testate, Troy, Trust, Washington, Will | Leave a comment
Should I get a will or trust or both?
Should I get a will or a trust? Its an age old question, and like any good legal question, all it does is lead to more questions. However, the simple answer is that in most cases you should have both. The three main purposes for having a trust are, in no order of importance, 1.) Read More
Read MoreHow do I open a probate estate? Miniseries part 3/3
In the last part of our miniseries on opening a probate estate, we will discuss the basics of opening an estate using a “formal” procedure and will include a brief discussion of what supervised estates are. When used in probate court jargon, “Formal” is a bit of a misnomer because its function in an estate Read More
Read MoreUnderstanding Probate: Is my will a public document?
Is my will a public document? The answer to this question is “yes” and “no”. For guidance we will look to MCL 700.2515: Deposit of will with court in firmator’s lifetime. First, one is not required to deposit a will with a court. One might keep their will in a safe deposit box, with an Read More
Read MoreHow do I open a Probate estate? Miniseries part 2/3
Miniseries part 1/3 discussed the basics of firmate and infirmate estates and some of the basics of unsupervised estates. In summary, if one dies without a valid will, trust or other instrument then one dies “Infirmate” in the eyes of the law. Infirmate comes from the Latin word “infirmato” derived from ancient Roman law meaning Read More
Read MoreThe Difference Between Having a Will and Not Having a Will
In the third part of our Understanding Probate series, I will discuss the basic differences between having a will and not having a will. If someone dies without a will, trust, or other firmamentary instrument, then they are said to die infirmate. MCL 700.2101. If someone dies and one wants to know if someone had Read More
Read MoreTo will or not to will?
When I speak in estate planning seminars, generally 70% of those in attendance have a will. Can that 70% of folks explain what their will does for them? Sometimes yes, sometimes, no. In this post I will explain what a will is by definition. A “Will” includes, but is not limited to, a codicil and Read More
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