Probate and Trust Administration FAQs

When is a legal proceeding necessary to open a probate estate for a decedent?

A probate estate must be opened if a person dies with property solely in their name (not joint), owns an insurance policy or retirement benefits, has not named anyone as a beneficiary, or has made the money payable to the estate.

Does a Last Will and Testament avoid the probate law?

No. Without additional estate planning, a will does not avoid probate if the decedent dies while owning assets solely in his or her name.

In which county do I file to open a probate estate?

A petitioner would file a decedent's estate in the county where the decedent was domiciled (usually, this is where the decedent lived) at the time of death. If the decedent was domiciled outside of Michigan but had property in Michigan, the petitioner may file an estate in the county where the decedent’s property was located at the time of death.

When can I begin acting on behalf of a probate and estate administrator?

You cannot act on behalf of the estate until you have been appointed personal representative (either formally or informally) and have received your Letters of Authority from the probate court. Letters of Authority give the personal representative the right to act on behalf of the estate and to perform the necessary actions to administer the estate.

Can I receive payment for serving as a personal representative or successor trustee?

Yes. The amount must be reasonable and is subject to review by the court. The fees cannot be taken until the administration of the estate is completed.

Can I hire professionals to help me administer the estate?

Yes. You can use attorneys, accountants, investment advisors, or other professionals to help assist in estate administration. The fees of these professionals are subject to review by the court and, if reasonable, can be paid from the estate. Even if you hire experts, such as a personal representative or successor trustee, you are still responsible for the estate’s administration.

If I establish trust, don't I still need to appoint an executor of my estate?

If you establish a revocable living trust, you will be appointing a Successor Trustee to administer your trust estate after your death. A Successor Trustee essentially performs the same function as what many people commonly refer to as an “Executor” of an estate. A significant difference is that the Successor Trustee will typically not have to undergo any court proceeding to accomplish your goals.

Regardless of the Type of Estate Administration, Gerkin & Decker Can Assist You With the following:

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Determining the appropriate course of action after an individual has died
Locating assets and preparing estate inventories
Obtaining asset appraisals
Filing the will with the probate court, if necessary
Petitioning the probate court for appointment of a personal representative, if necessary
Identifying and notifying beneficiaries and creditors
Collecting monies owed to the estate and paying debts and taxes
Administering the probate or trust assets
Properly distributing assets to the appropriate beneficiaries
Contesting wills and trusts
Fiduciary and beneficiary disputes
Conservatorships and guardianships

Gerkin & Decker prides itself on helping individuals through the often-confusing probate and trust administration process. Call us today to learn how we can help you navigate the complexities of probate litigation and estate administration.

Probate Process - Key Responsibilities:

A probate and trust administration attorney has several key responsibilities during the probate process. They guide the executor or personal representative through the entire process, helping prepare and file necessary legal documents. The attorney also assists in identifying and valuing the deceased person's assets, including real estate property, financial accounts, investments, and personal property.

Furthermore, the probate attorney facilitates communication among beneficiaries, heirs, and creditors. They notify all parties involved about the probate proceedings and work towards resolving any disputes or claims that may arise. The attorney also helps pay debts, taxes, and final expenses from the estate.

Additionally, the attorney collaborates with accountants and tax professionals to ensure accurate preparation and filing of estate tax returns if inheritance taxes are required. They oversee the distribution of assets to beneficiaries according to the decedent's wishes as outlined in their will or determined by intestacy laws.

In summary, a probate and trust administration attorney provides legal advice crucial in guiding the executor, managing legal paperwork, valuing assets, resolving disputes, and ensuring the proper distribution of assets during the probate process. Their expertise ensures a smooth and efficient administration of the deceased person's estate, providing peace of mind to all parties involved.

Estate Assets & Probate Attorney - Understanding the Connection

An estate assets and probate attorney is crucial in managing a deceased person's estate. They specialize in estate planning documents, handling the legal aspects of estate assets during the probate process.

One important connection between estate assets and a probate lawyer is asset valuation. The attorney assists in determining the value of the estate assets, which impacts asset distribution and estate tax calculations.

Identifying which assets are subject to probate is another key connection. The attorney helps distinguish assets that go through probate from those that pass directly to beneficiaries through other means.

Moreover, the attorney facilitates the transfer of assets to beneficiaries according to the decedent's surviving spouse's wishes or legal requirements, resolving any disputes that may arise.

Additionally, in other estate planning documents, the attorney guides minimizing estate taxes and maximizing asset value for beneficiaries through strategic estate planning techniques.

In summary, an estate assets and probate attorney manages the legal aspects of a deceased person's estate, including the valuation, management, and distribution of assets through the probate process or according to a trust. They ensure that debts and taxes are paid, legal disputes are resolved, and beneficiaries receive their inheritances in compliance with the decedent’s wishes and relevant laws.

Benefits of Hiring a Probate and Trust Administration Attorney

Hiring a probate and trust administration attorney offers several valuable benefits when navigating the complexities of a probate and trust administration.

Expertise and Experience: Probate and trust administration attorneys possess specialized knowledge and experience in managing the legal aspects of probate and trust matters. They are well-versed in the applicable laws and procedures, ensuring the process is handled correctly and efficiently.
Guidance and Support: An attorney provides guidance and support throughout the probate and trust administration process. They assist in completing the necessary paperwork, filing documents, and meeting deadlines, reducing the burden on the executor or personal representative.
Minimizing Errors and Delays: With their expertise, attorneys help minimize errors and avoid potential delays in the probate and trust administration process. Their attention to detail ensures that all legal requirements are met, reducing the risk of complications or disputes down the line.
Asset Protection and Distribution: An attorney ensures proper asset valuation, protection, and distribution according to the decedent's wishes or applicable laws. They help navigate complex asset distribution scenarios, including handling trusts, joint accounts, and beneficiary designations.
Conflict Resolution: In cases where conflicts or disputes arise among beneficiaries, an attorney acts as a mediator and advocate, working towards fair and amicable resolutions. They help minimize family tensions and protect the interests of all parties involved.
Estate Tax Planning: Probate and trust administration attorneys offer valuable guidance on estate tax planning strategies. They can help structure the estate to minimize tax liabilities, maximize available deductions, and preserve more assets for beneficiaries.

By hiring a probate and trust administration attorney, you can confidently navigate the probate process, ensuring that the estate administration is conducted smoothly, efficiently, and in compliance with all legal requirements.

To learn how Gerkin & Decker, P.C. can effectively administer your trust and probate in Brighton, Hartland, Howell, Fowlerville, Fenton, and the surrounding areas, call us at (810) 222-6424. You can speak directly to an attorney and understand your rights before you make a decision.

Probate Attorney & Trust Administration Lawyer in Brighton, MI

Probate and Trust Administration FAQs

Regardless of the Type of Estate Administration, Gerkin & Decker Can Assist You With the following:

Probate Process - Key Responsibilities:

Estate Assets & Probate Attorney - Understanding the Connection

Benefits of Hiring a Probate and Trust Administration Attorney

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