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Probate is a legal process that carries out the terms of a deceased person’s will and distributes a person’s assets among his heirs after death. If there is no will, Michigan intestacy law controls the assets' distribution.) Should there be any outstanding taxes or debts, some of the money in the Estate may be used to pay those obligations. Probate can be a lengthy process that requires appointing a Personal Representative (formerly called an Executor) to take responsibility for signing papers, attending any required court appearances, distributing assets, and other duties. It can be a complex process that often frustrates the grieving family without an experienced probate lawyer to steer them through any legal tangles that arise, such as a contested will. I stand ready to help. Get in touch with our office!
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There are legal instruments that can bypass the probate process, provided that your loved one has a plan in place before he or she passes away. Many people choose to create a comprehensive estate plan that includes a living trust, which — with the proper stipulations — can help their heirs avoid the probate process. Other techniques may be available as well. If your loved one created a trust, for example, I can help you tie up any loose ends that remain. To learn more, contact our office.
When someone dies without a will or other legal provisions for distributing their assets, the court will apply state law to distribute the estate to the beneficiaries. Usually, the nearest relative (the next of kin) will apply to become the estate’s representative. Since intestate succession (the legal term for the process of handling the affairs of someone who died without a will) is a more complex process than simple probate, it is advisable for the representative to work with a probate lawyer to sort through any issues. If your loved one died without a will, our team of experienced probate attorneys can walk you through the probate process with the utmost compassion and understanding. To discover what our legal team can do for you and your family, book an appointment with one of our probate attorneys today!
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