The loss of a loved one is an emotional and sometimes trying time. A skilled and experienced Michigan probate lawyer can provide the legal representation and guidance your family needs to help navigate this difficult period.
From standard matters for simple estates to more complex estates and contentious family dynamics, our probate attorneys can recommend strategies based on the specific needs of you and your family. With specialized knowledge of Michigan probate courts, they can help resolve potential issues before they arise—and avoid the time and expense of lengthy litigation.
in Michigan, probate is a court-supervised process through which a deceased person’s assets and inheritance are distributed and their affairs are settled. Following specific state laws and conducted through a specialized court system called probate, this involves validating a deceased person’s will, identifying and inventorying their assets, paying outstanding debts and taxes, and distributing remaining assets to beneficiaries. Because Michigan probate law has many complex aspects, managing this process without the guidance of a qualified Michigan probate attorney can result in extended proceedings, potential legal liabilities, and preventable costs.
Schedule a consultation with one of our experienced attorneys to discuss your legal needs and get personalized advice. Call (248) 545-2500.
Collens Estate Law probate attorneys offer a wide range of services designed to help you navigate through Michigan’s complex probate court system. This includes:
Aimed at preventing costly errors and expediting the estate settlement, our probate attorneys manage the entire administrative process, making sure that all legal requirements are met and all deadlines are followed.
When a will is contested, it can be time-consuming, costly, and disheartening for beneficiaries. With a deep understanding of Michigan’s estate planning laws, our lawyers ensure wills are properly authenticated and validated by the court.
An accurate asset inventory and valuation is important for ensuring proper asset administration and distribution among decedent’s heirs. Our probate attorneys work with professionals that can accurately appraise a person’s property and real estate. They also have the ability to uncover assets that may not be known to beneficiaries.
To safeguard the estate from improper claims or overpayment, Collens Estate Law probate attorneys manage notification to potential creditors and negotiate settlements.
To capitalize on an estate’s tax benefits and avoid penalties for non-compliance, our probate attorneys partner with experienced tax professionals with specialized knowledge of Michigan estate tax laws to ensure all necessary returns are filed properly
As part of the completion of the probate process, our attorneys assist in the distribution of assets to beneficiaries according to terms of the will. This helps prevent disputes and ensures equitable asset distribution.
Closing an estate can be a complex process. For this reason, it’s important to have an experienced probate attorney on your side—one who can ensure that all legal obligations are met and the process is completed in accordance with Michigan probate law.
Probate disputes are on the rise in Michigan. This can be both difficult and expensive for beneficiaries. Collens Estate Law has in-depth experience in a comprehensive range of probate litigation matters, protecting the rights and interests of our clients.
Managing Michigan probate independently can be difficult and often risky, as several obstacles are often encountered, including:
Procedural Errors: DIY probate often leads to errors in procedure—causing delays, additional costs, and personal liability for those who attempt.
Timing Errors: Missing filing deadlines can be costly, as it can extend the probate process and potentially result in legal penalties.
Inventory Mistakes: Improper identification and valuation of assets can result in potential tax issues as well as errors in asset distribution, which can lead to unnecessary litigation and personal liability.
Creditor Claim Mishandling: Errors in the management of creditor notifications and claims can create a number of problems, including avoidable payments from the estate and liability for the personal representative.
Tax Oversights: When tax filing deadlines and requirements are missed, or when tax-saving opportunities are overlooked, it can financially impact the estate.
Communication Failures: Communication with beneficiaries can be difficult with DIY probate, resulting in misunderstandings, disbelief, and the possibility of legal ramifications.
Michigan probate attorneys—especially those with Collens Estate Law—serve in a capacity well beyond that of a that of a standard legal representative. Their all-important role comprises a number of crucial functions that are vital to the entire probate process:
The advocacy role your probate attorney plays is an essential component of the attorney-client relationship. Educated and experienced in the many nuances of Michigan probate law, your attorney will guide you through every interaction with the court, beneficiaries, creditors, and other relevant parties.
This level of advocacy also includes protection from personal liability, as Michigan law holds executors personally responsible for proper estate administration. By making certain that all fiduciary responsibilities are properly fulfilled, your attorney shields you from this potential exposure.
Given the extensive guidelines and intricacies contained in the Michigan probate code, making informed decisions throughout the probate process can be extremely difficult for those without legal training. The good news is that your attorney can help you navigate the complex nature of Michigan probate, turning legal lingo into concepts you can understand. You’ll learn which legal concepts impact your specific needs so that you can make informed decisions from day one.
Your probate attorney performs comprehensive legal research in order to establish firm foundations for all positions and actions. This often requires vigilant investigation of Michigan case precedents, statutes, and local court rules, which vary by county.
Examples include the examination of precedents specific to will validity when challenges occur, the study of recent interpretations of Michigan’s elective share requirements for surviving spouses, and the investigation of case history involving certain types of asset transfers—just to name a few.
The value of the consultative role a probate attorney serves cannot be overstated. Providing strategic direction and insights that augment your decision making ability, your attorney can help you foresee the potential outcome of a choice you’re contemplating before you take action. For example, if a will is contested, your attorney can provide essential input on the cost-effectiveness of settlement negotiations versus litigation. Or, if there’s a disagreement among beneficiaries, you can consult with your attorney on ways to settle the dispute without intervention by the court.
Your probate attorney can also provide consultation on issues that intersect with probate including business succession matters and, in conjunction with financial advisors, investment strategies for estate assets.
A probate attorney can take on the role of project manager for the many time-sensitive activities that need to take place in sequential order. This includes petition filing, inventory submission, accounting reports, and final distribution documentation. Additionally, your attorney can manage relationships with professionals that serve in estate administration such as business and asset valuators, real estate agents, estate sales companies, financial advisors, and accountants.
A documentation specialist is instrumental in probate proceedings, which generate a large volume of paperwork that necessitates precise attention to detail. Taking on this responsibility, a probate attorney makes certain that all filings communicate required information while meeting exact court specifications, as documentation mistakes can create substantial delays and lead to rejected filings or potential personal liability.
Tasks of a documentation specialist also involve preparation of the initial petition or application for probate, drafting complete asset inventories, developing creditor notifications based on Michigan notice requirements, and creating precise accounting reports that cover all transactions of the estate.
Litigation is required when a disagreement cannot be settled through negotiation. In this case, your probate attorney becomes a trusted litigator that acts on your behalf through formal court proceedings—exhibiting specialized knowledge of both substantive probate law and procedural rules.
Examples of probate litigation involving your attorney include defending executors against unsubstantiated allegations, the prosecution of claims against fiduciaries that may have poorly managed estate assets, and the defense against will contests.
Providing emotional support through what is often an emotionally charged probate process is perhaps one of the most important services a probate attorney can offer. In this counseling capacity, our attorneys help grieving clients focus their attention on the task at hand, separating their emotions, anxieties, and stress from legal matters. By leveraging their experience in helping families navigate through similar situations, our probate attorneys understand the unique expectations each client brings to the table, and deliver accordingly.
When you consider that all of these vital roles fall under the employ of a Michigan probate attorney, it’s easy to understand the true value they provide. Their wide-ranging knowledge and proficiency brings competency and calm to an intricate facet of the legal system—all the while providing much needed compassion, care, and guidance to the probate journey.
Have questions? Our our probate attorneys are ready to help.
A probate attorney reviews a deceased person’s will, identifies beneficiaries, and ensures that assets and inheritance are properly distributed. This complex process can be frustrating for everyone involved, especially when there are family conflicts regarding the estate. A probate attorney can expedite this process and help you avoid family disputes.
From preparing and filing all necessary court petitions, documents, and tax returns to producing complete asset inventories and managing creditor notification and negotiation, a probate attorney basically orchestrates the entire process. During this undertaking, the attorney facilitates clear and open communication with all parties while settling disputes before they require litigation.
As a rule of thumb, it’s never too early to contact a probate attorney. That said, here are some general guidelines:
Fees for Michigan probate attorneys are usually structured in one of the following ways:
Collens Estate Law offers free initial consultations to discuss your specific needs. This also includes cost estimates.
While the two professions often overlap in expertise, estate planning attorneys concentrate on the preparation of wills, trusts, and other documents prior to death, whereas probate attorneys administer estates after death.
The probate process in Michigan requires patience. For example, even with an attorney on the case, the process typically requires 7 to 12 months for simple, straightforward estates and 1 to 2+ years for complex estates or those subject to litigation.
To expedite the process, attorneys promote clear, open communication between all parties, ensure filings are compliant the first time, manage court scheduling efficiently, and address potential issues before they become problems.
Situations beyond standard estate administration are considered specialized probate matters and are handled by Michigan probate attorneys. These include:
When adults or minors are unable to make decisions for themselves as a result of age or incapacity, legal oversight can be established in the form of a guardianship and a conservatorship. A guardianship manages well-being and personal care decisions, whereas a conservatorship handles legal and financial affairs.
The purpose of a protective order is to safeguard a person’s estate and affairs when they are unable due to a number of reasons including physical disability and mental illness.
When a person’s death is caused by misconduct or negligence, a Michigan attorney can file a wrongful death claim on behalf of the estate to sue for damages. Probate attorneys help open the estate so that a personal representative can be appointed so that the wrongful death case can begin. We also represent claimants who are seeking recovery from a wrongful death case.
There are a number of reasons to hire a Michigan probate attorney, but perhaps the greatest reason is peace of mind. Michigan probate can be very complex and intricate, with the potential for costly mistakes at every turn. The probate attorneys at Collens Estate Law, however, have experience and expertise in managing complicated court documentation requirements, navigating court procedures, meeting time-sensitive court deadlines, and working through contentious family situations.
As your advocate throughout the entire Michigan probate process, our attorneys are committed to protecting assets and beneficiaries’ interests, shielding executors from personal liability, and making sure asset distribution is legally compliant.
From simple, straightforward estates to larger, complicated estates with highly valuable assets, an investment in qualified, experienced legal representation can yield very favorable results in the form of an expedited probate process, cost-effectiveness, optimal financial outcomes, and yes, peace of mind.