Michigan Probate:

DO YOU NEED TO AVOID PROBATE? 

What is probate?  This is our definition and the true reality:

“Probate is a lawsuit you file against yourself, with your own money, on behalf of your creditors.”

Probate is the legal process of presenting your Will to the Court after your death to authenticate it and appoint your Executor/Personal Representative. Your Executor/Personal Representative must be appointed by the Court to collect and distribute your assets as stated in your Will. However, because it is a legal process, many steps must be followed before your Executor can be appointed.

• The Michigan probate process requires a Personal Representative to be appointed - even in simple and/or uncontested cases.  
•  The Personal Representative must file numerous forms, follow an extensive and somewhat complicated process, and pay attention to deadlines and criteria throughout the entire process.  Most people find this...

What is Michigan Probate? 

This is our definition, and the true reality:

“Probate is a lawsuit you file against yourself, with your own money, on behalf of your creditors.”

The Facts...

Probate is the legal process of presenting your Will to the Court after your death to authenticate it, and appoint your Executor/Personal Representative. Your Executor/Personal Representative must be appointed by the Court in order to collect and distribute your assets as stated in your Will.

However, because it is a legal process, there are many steps that must be followed before your Executor can be appointed. 

• The Michigan probate process requires a Personal Representative be appointed - even in simple and/or uncontested cases.  
• The Personal Representative must file numerous forms, follow an extensive and somewhat complicated process, and pay attention to deadlines and criteria throughout the entire process.  Most people find this to be exhausting, confusing,...

Part One

When a person has a loved one in rehabilitation or in long term care, understanding how guardianships and powers of attorney really work is essential – even if the loved one is competent to make their own decisions. As clients frequently note to me, it’s what you don’t know that can hurt you.

First, What is a Guardianship?

A guardianship is a court procedure through which a person or organization is given the responsibility to make decisions about the medical care of another individual (but to be clear – only medical, not financial. The financial court proceeding is known as a conservatorship). In order to have a Guardian appointed:

• A person (the “ward”) must be unable to make informed decisions independently (incompetent) and
• The guardianship must be necessary to provide continuing care and supervision of the individual.

A Guardianship is Not the Best Solution for Most People – Consider Powers of Attorney Instead

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Many People Believe That Probate Only Happens After Death....

Unfortunately, This Isn't Always the Case.