PROBATE ATTORNEY MICHIGAN CAN ASSIST YOU TODAY
BRUCE LAW FIRM IS AN EXPERIENCED MONROE PROBATE LAW FIRM
Bruce Law Firm can help you with your probate and estate administration needs. Our probate attorney Michigan can assist you in all your elder law needs. A Michigan probate lawyer can assist you with the probate process. Bruce Law firm has experienced probate and estate planning lawyers to answer your questions today.
Probate administration is the legal process by which the Courts administer a will or estate of someone that has passed away. It is a Court process by which an individual petition the Court to be appointed the “personal representative” of the decedent’s estate. This person is responsible for complying with the requirements of the law to administer the estate.
The necessary steps involved in Probate include the following steps:
- File a Probate Petition with the Court for either Formal Probate or Informal Probate and appointment of a Personal Representative
- File an Inventory with the Court that identifies the assets of the decedent
- Have published a Notice to Creditors and pay legitimate expenses
- Distribute remaining property per the terms of the will
- Ensure final tax returns are filed with the IRS and any taxes are paid
Probate matters can be very complicated, involving many legal issues. There is often real estate that needs to be transferred. Probate can often also involve trust administration.
Family members will have many questions involving the probate process.
Will Problems a Michigan Probate Lawyer can help clarify.
There can often be problems with a will. The Court will want an original will. If you only have a will copy, you will need to have a hearing in front of a probate judge to admit the document. Proofs will be required to show that the will copy authentic.
Other issues can involve fraud. Was fraud involved in the creation of the will? Was there undue influence by a beneficiary that the Probate Court needs to be made aware of? Did the drafter of the will have the capacity to enter into a will?
As you can see, many issues have to be reviewed when determining if a will is valid. A Michigan probate attorney can guide you in making these determinations.
Types of Probate in Michigan
A probate lawyer can prepare all the necessary paperwork and get the personal representative appointed. Michigan Law defines the different types of probate in MCL 700.3301. Often an experienced probate attorney can avoid the need to even appear in Court to be established.
Depending on the facts and circumstances of your case a probate can take many forms. There are typically two types of administration of a decedent’s estate in a Michigan probate.
- Formal Probate is Probate that involves court oversight of almost all areas of the probate process.
- Informal Probate is Probate that avoids court hearings. The personal representative files a process set out by the Court.
Once appointed, there are several requirements and deadlines that the personal representative must comply with. An experienced probate attorney can guide you through this process. There are potential legal consequences for personal representatives that fail to comply with the terms of their appointment as personal representatives.
Problems a Probate Litigation Attorney Michigan can provide guidance.
A Michigan probate case can be very problematic. Common issues that arise that a probate lawyer can assist include:
- Are there multiple or competing wills?
- Did the personal representative breach their fiduciary duty?
- Does the probate estate need an accounting to review expenditures?
- Was there a proper determination of heirs, and are all the heirs adequately noticed?
These are common types of probate litigation matters our attorneys deal with when engaged in a complicated probate case. The Bruce Law Firm law offices are ready to assist you.
Contact a Michigan Probate Attorney today!
Bruce Law Firm has a Michigan probate attorney to talk to you. Our Probate lawyer in Michigan handles probate cases in Monroe and Wayne County each year. Our lawyers file both formal and informal probate petitions. Our law office will ensure your probate is handled in a timely and professional manner.
We offer free consultations to sit down and provide legal advice as to what is needed to open the probate case and how to best proceed. We have preferred vendors that we can recommend to handle many of the personal representative’s responsibilities. As probate attorneys we provide the direction you need to successfully bring your probate administration to completion.