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 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 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 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
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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