By wrpurcell | Published October 15, 2015 | Posted in Civil Litigation, Court Procedure, Court Rules, Estate, Judgments, Lawsuit, Macomb County, Malpratice, Oakland County, Probate, Probate Court, Real Estate, St. Clair County | Tagged Tags: Civil Litigation, Court Procedure, Court Rules, Malpractice, Oakland, Oakland County Probate Court, Probate Court, Rochester, Rochester Hills, Shelby Township, St. Clair | Leave a comment
The Basics of Attorney Malpractice in Michigan
Law can be a highly contentious field and the stakes are often very high. Litigation involving the court system is an emotional and sensitive process for the parties and their attorneys. Transactional issues such as estate planning and real estate transactions can often lead to costly errors as well. For whatever reason, when things don’t Read More
Read MoreShould 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 MorePlanning for families with minor children
If you are a family with minor children, then it is important you have an enforceable will or writing to appoint a guardian and conservator in case something happens to both parents. “Something happens” can mean both parents die or become incapacitated at the same time and are rendered unable to make legal decisions on 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 MoreAppoint a Guardian for your Child
Do you have minor children? Do you have legal documents that plan for your children if something happens to you and your spouse? You can use the attached form if you do not have any estate planning documents and would like to appoint a guardian for your minor children if you have not done so Read More
Read MoreHow do I open a probate estate? Miniseries part 1/3
In the previous four parts of this series, we discussed the basic differences between having a will and not having a will. In this discussion, we will see how the end result takes shape in the form of opening a probate estate in a three part mini series on the matter. There are two forms Read More
Read MoreI have a will so now what?
You either went to an attorney or legalzoom.com, perhaps even Suzie Orman, and you purchased and executed a will. So what does that mean? Assuming the will was properly executed and is a valid and enforceable instrument, then lets consider the following effects of having a will after your death. First, having a will does Read More
Read MoreWhat is probate?
Is probate a place I go after die? No! Probate court is a place where your heirs go after you die to administer your affairs if you do not have a properly funded trust agreement, or if you only have a living will or do not have a will at all. Probate court also has Read More
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