Planning for your family’s future is a very important responsibility that you should not take lightly. Making sure your family is taken care of and your wishes are followed should anything happen to you is our main goal.
A will sets out your wishes of who you want to receive your property and nominates the person or persons you want to carry out those wishes. However, having a will does not necessarily avoid probate. We can help you plan and take the necessary steps to avoid probate and help you make sure your wishes are followed.
Northern Michigan Elder Law can help you plan for your future as well as taking care of your family and avoiding probate. Life happens when we least expect it, so let us help you plan for life.
WILL ADMINISTRATION
The first thing most Probate Courts will tell you to do is SEEK ADVICE OF COUNSEL.
Even though you have a will and nominate a person or persons to be the personal representative to carry out your wishes as explained in the will, that person or persons do not have authority to do anything with your assets until they are appointed by the court.
There are several ways an estate can be handled through the court:
Informal
Formal
Supervised
Petition and Order for Assignment
Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent
Informal is the most common. In an Informal Estate the Probate Register admits the will and appoints the personal representative. There is very little court oversight. However, at any time a petition can be filed for the matter to be heard by the Probate Judge, including a petition to contest the will.
A Formal estate would be set for hearing and the Probate Judge will determine if the will is admitted and appoint the personal representative.
An estate can be Supervised by the Court if an interested party or the Judge feels there is a reason that the Court needs to oversee what is happening with the estate; for example, there has been discord in the family or there is a dispute between the heirs/family members/interested person and trust has been lost or sides have been taken. Sometimes the Judge will appoint an independent personal representative if he feels it is in the best interest of the estate.
In each of the above cases, there are certain things that are required by law to be done. The Probate Register cannot give you legal advice on how to probate the estate or what you are required to do by law. They can tell what is required to be filed with the court, but nothing more. They are also unable to assist you in completing forms. More often than not, they will tell you to seek advice of counsel.
In all of the above cases, there are filing fees to be paid to open the estate as well as inventory fees which are based on the amount of assets in the estate. You have certain time frames for things to be completed. If they are not, a notice will be sent from the court explaining you have a certain number of days to correct the deficiency. If you don’t, you could be show caused, your powers could be suspended, and/or you could be removed as personal representative and a successor appointed.
A Petition and Order for Assignment is a shortcut procedure that can be filed providing certain criteria are met; the first of which is the total amount of assets in the decedent’s name alone cannot be more than $22,000.00 after deducting funeral expenses.
An Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent is another shortcut procedure. However, you do not file this document with the court. Again, certain criteria must be met before you are able to follow this procedure.
Having a Trust can avoid probate providing all of the assets have been titled in the name of the trust. Title to those assets passes according to the terms of the trust without the need for probate. Northern Michigan Elder Law can assist you in setting up and administering your trust according to your wishes and avoid the need for probate.