Probate, Estate Planning & Trusts

Planning for the future is a vital part of anyone’s life, no matter how old you are. Aside from shielding your assets and property from the probate process, an estate plan is essential because it protects your personal choices in a medical emergency and ensures that your end-of-life choices are safeguarded. It’s never too early to develop a solid estate plan that protects your best interests, your assets, and your beneficiaries.

However, it’s not unusual for a loved one to pass away without an estate plan in place. In this circumstance, it’s imperative that you contact a legal team that is experienced in estate administration. At Willis Law, our estate planning attorneys in Kalamazoo, Grand Rapids, and Paw Paw can help you effectively navigate the probate process.

Our probate, estate, and trust administration services include the following:

• Estate Administration: We can guide you through this complex process and protect your rightful inheritance from the state.
• Deal with Creditor Claims: The personal representative of an estate is responsible for notifying creditors when a testator passes away. We can help you publish a public notice so that all known and unknown creditors can make their claims for repayment.
• Foreign PR – Ancillary Estate Administration: Rely on our legal team to help you file for ancillary estate administrations in jurisdictions where out-of-state property exists.
• Formal Probate vs. Informal Probate: Our estate planning lawyers can help you determine whether formal or informal probate proceedings will best serve your loved one’s estate.
• Notice Requirements Under Trust Administration: A trustee is obligated to make certain notifications upon the grantor’s death. We can review your loved one’s estate plan and determine which parties have an interest in the trust.
• Small Estate Under Michigan Law: If your loved one’s estate is valued under $22,000, you may be able to avoid the probate process and save money on legal fees.
• Supervised Probate: Our estate planning team can help you decide if supervised or unsupervised probate administration is right for you.
• Taxes in Administration: When your loved one passes away, their estate requires a separate Employer Identification Number that can be used to file the decedent’s final tax return.
• Trust Administration: Establish revocable or irrevocable trusts with our estate planning attorneys. We can also help you divide trusts when a grantor dies.

In addition, Willis Law’s probate, estate, and trust litigation services include:

• Probate Litigation: Legal disputes over assets often arise when a family member passes away. Our experienced legal representatives can protect your rights.
• Trust Litigation: Our experienced lawyers can represent your interests both in and out of court to help you resolve any estate litigation matters.
• Will Contests & Lawsuits: If you’re interested in contesting a will, we can review your case and determine if you can bring your claim to court.

FAQs About Estate Planning, Trusts & Probate in MI

What is estate planning, and why is it important?

Estate planning is the process of organizing and preparing for the management and distribution of your assets after death or incapacity. It typically includes documents such as wills, trusts, powers of attorney, and advance healthcare directives. Proper estate planning ensures that your wishes are honored, reduces the risk of disputes among heirs, minimizes taxes, and helps your family avoid a lengthy and costly probate process.

What happens if I die without a will in Michigan?

If you pass away without a will, Michigan’s intestate succession laws will determine how your assets are distributed. Generally, your estate will pass to your closest relatives, such as a spouse, children, or parents. However, this process may not align with your wishes and could lead to unintended consequences, such as disputes among family members or assets going to distant relatives instead of close friends or charities.

What is a trust, and how does it work in Michigan?

A trust is a legal arrangement where a trustee manages assets on behalf of beneficiaries according to the terms set by the grantor (the person who creates the trust). Trusts are commonly used in Michigan estate planning to avoid probate, manage assets for minor or disabled beneficiaries, and provide privacy since trust distributions do not go through the public probate process. A well-structured trust can also help minimize estate taxes and protect assets from creditors.

How does the probate process work in Michigan?

Probate is the legal process of administering a deceased person's estate, including validating a will, paying debts and taxes, and distributing assets to heirs. In Michigan, probate can be formal (court-supervised) or informal (less court involvement). The process can take several months to years, depending on the complexity of the estate. Small estates valued under a certain threshold may qualify for simplified procedures. Having a trust or proper estate planning can help reduce or eliminate the need for probate.

Can I avoid probate in Michigan?

Yes, you can avoid probate in Michigan by using estate planning tools such as revocable living trusts, joint ownership with rights of survivorship, payable-on-death (POD) accounts, and beneficiary designations on assets like life insurance or retirement accounts. These strategies ensure that assets pass directly to heirs without court involvement, saving time and legal expenses.

What is the difference between a revocable and an irrevocable trust?

A revocable trust allows you to maintain control over your assets during your lifetime and make changes as needed. It is commonly used to avoid probate and manage assets efficiently. An irrevocable trust, on the other hand, cannot be easily modified once created. It provides stronger asset protection, can help reduce estate taxes, and may be used for Medicaid planning to preserve assets while qualifying for long-term care assistance.

How often should I update my estate plan?

It is advisable to review your estate plan every three to five years or whenever a major life event occurs, such as marriage, divorce, birth of a child, death of a beneficiary, significant financial changes, or changes in Michigan estate laws. Keeping your estate plan updated ensures that it continues to reflect your current wishes and provides the best protection for your loved ones.

What is a durable power of attorney, and why do I need one?

A durable power of attorney (DPOA) allows you to appoint someone to manage your financial or medical affairs if you become incapacitated. Without a DPOA, your loved ones may have to go through a court process to gain legal authority over your affairs, which can be time-consuming and expensive. A DPOA ensures that someone you trust can handle important matters on your behalf if you are unable to do so.

How can I minimize estate taxes in Michigan?

Michigan does not have a state estate tax, but federal estate taxes may apply to very large estates. You can minimize potential estate tax burdens by using strategies such as gifting assets during your lifetime, setting up irrevocable trusts, making charitable donations, and utilizing tax-efficient beneficiary designations. An estate planning attorney can help you develop a plan to maximize tax savings and protect your wealth for future generations.

Do I need a lawyer to create an estate plan in Michigan?

While it is possible to create a basic will or power of attorney without a lawyer, working with an estate planning attorney is highly recommended. Estate laws can be complex, and an attorney can help ensure that your documents are legally valid, tailored to your specific needs, and structured to minimize potential legal challenges. A lawyer can also guide you on tax-saving strategies and probate avoidance techniques.

At Willis Law, our estate planning lawyers in Kalamazoo & Grand Rapids understand that facing any legal issue regarding the death of a loved one can be a very difficult and emotionally challenging experience. Whether you’re interested in developing your own estate plan or need guidance through the probate process, our legal team can help.

Call Willis Law today at (888) 461-7744 or contact our firm online to learn more from our Kalamazoo & Grand Rapids estate planning attorneys. We offer free initial consultations to help you get started.