Probate is a legal process that ensures the orderly distribution of a deceased person’s assets and debts. In Michigan, probate plays a crucial role in administering estates. This article will provide you with an overview of Michigan probate, including what it is, when it’s required, and the steps involved.
What is Michigan Probate?
Michigan Probate is the legal process that oversees the distribution of a deceased person’s assets and the payment of their debts. The primary objectives of probate are to validate the deceased person’s will (if one exists), appoint a personal representative to manage the estate, ensure that creditors are paid, and distribute the remaining assets to beneficiaries.
When is Probate Required?
- If there is no will or there is no valid will, the person would have died intestate, and there is a high likelihood that their estate will go through probate.
- Assets in the decedent’s sole name. If the deceased person’s assets are in their sole name, probate will be required to transfer ownership.
- Claims from creditors. Probate is used to handle outstanding debts and claims against the estate.
- Real property ownership. If the deceased owned property, there is a good chance that probate will be needed to transfer ownership.
- Disputes and controversies. Probate can help resolve disputes or controversies about the estate or its administration.
What are the General Steps of Probate?
- Filing a Petition. The process begins with the filing of a petition in the appropriate probate court. This petition typically asks the court to appoint a personal representative and initiate the probate proceedings.
- Personal Representative Appointment. After validating the will (if one exists), the court appoints a personal representative to manage the estate.
- Asset Inventory. The personal representative is responsible for creating an inventory of the deceased person’s assets and obtaining their values.
- Debt Settlement. During probate, the personal representative must notify creditors and pay off valid claims. This may involve selling assets if necessary.
- Beneficiary Notification. Beneficiaries and heirs are typically notified of the probate process, allowing them to raise any objections.
- Distribution of Assets. Once debts and expenses are settled, the remaining assets are distributed to the beneficiaries according to the will or Michigan’s intestate succession laws.
- Closing the Estate. After all the necessary tasks are completed, the personal representative petitions the court to close the estate.
Are there any Alternatives to Probate?
Yes. Michigan offers some alternatives to probate, such as small estate procedures and transfer-on-death deeds, which can simplify the process for small estates and specific types of assets.
Michigan probate is a structured legal process designed to ensure the orderly distribution of a deceased person’s assets and payment of their debts. While it can be complex, understanding the basics of Michigan probate can help individuals better navigate the process or seek legal advice when necessary. Planning ahead through estate planning tools like wills and trusts can also help simply or even eliminate probate for your loved ones.
Jesse Bergwerff
https://www.parakletoslaw.com
In a world full of discussions, the words that are used carry deep and profound meanings. One such word is “Parakletos.” (Pronounced Para·Clee·Toes). Derived from Greek law, the term has significant implications in various contexts. This post will uncover the rich and multifaceted meaning of “Parakletos.”
The term basically means “the advocate” or “the one who walks beside.” To fully grasp the meaning of this compound word, we must first understand its component parts. “Para” means ‘beside’ and the simplified English transliteration of “Kletos” means ‘to call or invite.’ This is what lays the foundation for the interpretation of the term as a whole.
The Advocate. One of the most well-known translations of Parakletos is the “Advocate.” In legal terms, an advocate is someone who pleads on behalf of another, offering assistance, counsel, and defense. In a spiritual context, Parakletos is seen as the divine advocate who intercedes on behalf of believers, offering guidance and help in their faith journey.
The Comforter. Another well-known interpretation is the “Comforter.” This emphasizes the role of an attorney or counselor who provides solace and support in challenging times. In this context, it represents the idea of someone walking beside us to help guide us through that which we do not otherwise understand – and through what can be some of the more challenging times in our lives.
The Encourager. In some contexts, the term can be understood as the “Encourager.” This highlights the role of an uplifter, inspirational, and motivating person who helps someone toward their ultimate goals.
Parakletos is a term that encompasses a wide range of profound meanings, including Advocate, Comforter, and Encourager. Regardless of the context in which it is used, its essence remains consistent – that of a compassionate and empowering person who walks beside you on your life’s journey. That’s what Parakletos Law is – a compassionate and empowering law firm that walks with you on your life’s journey; we champion your life goals, plead on your behalf, and offer counsel and assistance.
Jesse Bergwerff
https://www.parakletoslaw.com
Post-Divorce Parenting Time
In Michigan, there is a presumption that it is in the child’s best interests to have a strong relationship with both parents, and the parenting time schedule should reflect that presumption. The concept of parenting time plays a crucial role in ensuring that both parents remain actively involved in their children’s lives.
Parenting time refers to the specific schedule that outlines when each parent will spend time with their children. It is an essential component of a judgment of divorce, and the court’s primary focus is to promote the best interests of the child. If the parents can agree on a parenting time schedule, then the only way for a court to order something to the contrary is by clear and convincing evidence.
The court makes parenting time decisions based on the best interests of the child. The “best interests” is a set of 12 factors that are laid out statutorily and means the sum total of those factors to be considered, evaluated, and determined – despite that, not each factor carries the same weight, and each family’s situation will warrant different weight for different factors. Some of these factors include the emotional ties between the child and each parent, each parent’s ability to provide a stable environment, and the child’s adjustment to their home, school, and community.
Parents are encouraged to work together to create a parenting time schedule that suits the unique needs of their family. If an agreement cannot be reached, the court will establish a schedule based on the best interests of the child.
Once a parenting time order is in place, both parents are legally obligated to adhere to the schedule. If issues arise, such as non-compliance or a change in circumstances, parents may seek enforcement or modification through the court.
Enforcing parenting time agreements is a critical aspect of ensuring the well-being of children in the aftermath of a divorce. The state recognizes the importance of both parents playing an active role in their child’s life, and the court system provides mechanisms to enforce established parenting time schedules. When a parent fails to comply with the agreed-upon parenting time arrangements, the aggrieved party can seek enforcement through the court. Michigan law empowers judges to take various measures to address non-compliance, ranging from modifying the existing parenting time order to imposing fines or other penalties. The ultimate goal is to encourage compliance and uphold the child’s right to a consistent and meaningful relationship with both parents.
Parenting time in divorce cases is designed to prioritize the well-being of the child and maintain a strong parent-child relationship post-divorce. It is essential for parents to approach the process with a focus on cooperation, communication, and the best interests of their children. By understanding the legal framework and working together, parents can create a supportive environment that fosters the continued growth and happiness of their children.
Jesse Bergwerff
https://www.parakletoslaw.com
An Overview to Understanding Michigan Family Law
Family dynamics are intricate, and when legal matters arise within the familial sphere, it becomes crucial to understand the intricacies of family law. In Michigan, like in many other states, family law encompasses a broad range of issues from marriage and divorce to child custody and support. This article focuses on some of the key aspects of the divorce process.
Marriage and Divorce.
Michigan follows “no-fault” divorce laws, meaning a spouse does not have to prove fault or misconduct to seek a divorce. Instead, either party can file for divorce based on the assertion that the marriage has broken down irretrievably. Understanding the division of property, spousal support, and other related aspects is essential for those considering or going through a divorce.
Child Custody and Support.
Determining child custody and support is often one of the most emotionally charged aspects of family law. Michigan courts prioritize the best interests of the child when deciding custody arrangements, and factors such as the child’s relationship with each parent, stability, and the ability to provide a nurturing environment are taken into account. Child support calculations are based on the financial resources of both parents and the needs of the child.
Parenting Time.
In Michigan, parenting time rights refer to the legal entitlement of a noncustodial parent to spend time with their child following a divorce or separation. These rights are distinct from custody, which determines decision-making authority, and are intended to ensure ongoing and meaningful relationships between parents and children. The state emphasizes the importance of fostering strong parent-child bonds and encourages parents to create mutually agreeable parenting time schedules. However, when parents cannot reach an agreement, Michigan courts may intervene to establish a fair and reasonable parenting time arrangement based on the best interests of the child.
Domestic Violence and Restraining Orders.
Protecting the safety of family members is paramount. Michigan has laws addressing domestic violence, and individuals experiencing abuse can seek protection through restraining orders. Understanding the legal options available for those facing domestic violence is crucial for fostering a safe environment for all family members.
Prenuptial and Postnuptial Agreements.
Michigan recognizes prenuptial and postnuptial agreements as legally binding contracts that outline how assets will be divided in the event of divorce or death. These agreements provide individuals with the opportunity to clarify financial expectations and protect their assets, fostering transparency and preventing potential conflicts down the road.
Navigating family law in Michigan requires a comprehensive understanding of the state’s legal framework. Whether you’re contemplating marriage, facing divorce, or dealing with child custody issues, seeking legal counsel can provide clarity and ensure that your rights and responsibilities are safeguarded. Family law, with its intricate web of regulations, ultimately seeks to promote the well-being of individuals and families in Michigan, offering a legal foundation for resolving disputes and shaping the future of familial relationships.
divorceseparationchild supportcustodyparenting time
Jesse Bergwerff
https://www.parakletoslaw.com
My Loved One Passed Away… What Now?
Losing a loved one is one of the most challenging experiences in life. Even with preparation, saying goodbye creates an irreplaceable void. Although nothing can alleviate the pain, leaving thorough instructions for loved ones is one of the most valuable gifts you can give them.
The funeral home can assist you with many of the initial decisions; however, there is still work to be done after the funeral service is over. Once your loved one has passed away, it is important to notify all relevant parties, not only family members but also employers, co-workers, professional contacts, the social security office, banks, advisors, insurance companies, retirement benefit administrators, veterans affairs, and credit card companies, among others.
Once you have organized and conducted the funeral arrangements, the next step is to settle your loved one’s estate. This process can be lengthy, but tackling each task one by one can make it more manageable. The level of complexity involved will depend on the planning your loved one had done beforehand.
In Michigan, if a loved one passes away without an estate plan, such as a will or trust, they are considered to have died intestate. This means that the state’s intestacy laws will determine who, how, and when the deceased’s property will be distributed.
If your loved one passed away with a will, the Probate Court will utilize it as a guide to distribute their property following the terms of the will. Despite its usefulness, a will does not prevent probate; it merely supplies the court with a set of directives. It’s worth noting that while the deceased can dictate which beneficiaries receive what from their estate, they cannot create complex provisions involving future interests, like dividing assets based on age or setting limits on distributions for those challenged with managing their finances.
Finally, in the event that the deceased individual had a living trust, their family could potentially avoid the probate process altogether. A living trust is a versatile tool for estate planning, as it allows you to specify who will inherit your assets, when they will receive them, and how they will receive them. Additionally, a living trust enables you to establish conditions for the distribution of your assets, such as reaching a certain age or meeting specific milestones. Moreover, if you have a beneficiary who may struggle with managing finances or has an addiction, you can include requirements that must be met before any assets are distributed to them.
Administering a deceased estate under Michigan intestacy law can be complex, so it’s helpful to consult an attorney. At Parakletos Law, we provide comprehensive assistance and walk with you every step of the way.
What is Probate Anyway?
Probate is the legal procedure for gathering the property of a deceased family member, settling debts, and distributing the remaining assets. Determining if probate is necessary can be confusing, but probate is only required for property solely in the decedent’s name.
To better understand this concept, let’s consider an example. A couple jointly owns a bank account. If one spouse passes away, the surviving spouse becomes the sole owner of the account, according to the bank’s agreement with the couple. However, if the surviving spouse passes away with sole ownership of the account, the account must go through probate because no other owner is listed. The property held solely in the surviving spouse’s name must be transferred to the surviving spouse’s heirs through probate.
A common misconception is that having a will can help you avoid probate. While a will can be useful in outlining where your property should go, it does not transfer ownership. Even if you have a will, your estate will still need to go through the probate process. To avoid probate a living trust must own the decedent’s assets. Title to those assets then passes according to the terms of the trust without the need for probate.
Jesse Bergwerff
https://www.parakletoslaw.com
What happens if I don’t have an Estate Plan?
Did you know that a significant number of adults in the U.S. – around 77% – haven’t documented their end-of-life plans? Even if you fall into this category, it’s important to understand that you still have an estate plan. You may not have created one yourself, but the State of Michigan has a plan in place for you called Probate. Although Probate may be suitable for a few individuals, most people consider it to be a suboptimal choice. The probate process can incur expenses ranging from 3% to 8% of your estate’s total value. This money could have gone to your loved ones, but instead, it is spent on attorneys, accountants, courts, real estate agents, and other professionals to administer your estate. If you don’t have an estate plan, your estate will have to go through probate. This can be a costly and public process. All the legal documents and requests become available to the public, and a Notice to Creditors is posted online or in a newspaper. This means that anyone can see what’s in your estate.
Having an estate plan is important not just for financial reasons, but also for preparing yourself, your loved ones, and the medical community for any possible health complications in the future. That’s why it’s crucial to include a Patient Advocate Designation and a Durable Financial Power of Attorney in your estate plan. These designations outline your preferences for medical care and prevention, the type of medical care you do not want to receive, and for your financial well-being to be taken care of. By doing this, you can spare your loved ones the difficult task of guessing what you would have wanted, which can help avoid family disputes. Additionally, by using the right tools, you can choose who will make medical decisions for you if you become incapacitated. Otherwise, doctors won’t know who has the authority to decide on healthcare matters, which could lead to a costly and time-consuming court battle.
Another non-financial reason is for the well-being of your minor children. Your estate plan allows you to designate a guardian for your children in case you are no longer around. Neglecting to plan ahead can result in your children becoming wards of the State, and the State may choose to place them with someone you would not have chosen. It’s important to plan for your children’s future and ensure their safety and security – just as it’s important to plan for your own future.
It is important to have an estate plan in place, even if you do not have a large estate. There are many non-financial reasons to consider creating an estate plan and we only discussed a small number of them. Planning ahead can provide peace of mind, knowing that your loved ones and legacy will be taken care of even after you pass away.
Jesse Bergwerff
https://www.parakletoslaw.com
For many, pets are more than just animals; they are cherished family members. Many pet owners want to ensure that their pet receives the same love, care, and attention after the owner passes away, as the pet has become accustomed. One way to secure the well-being of your pets is through establishing a pet trust.
A pet trust is a legal arrangement that allows pet owners to provide for the care and maintenance of their animals after they pass away or become unable to care for them. Unlike a simple provision in a will, a pet trust offers a more comprehensive and legally binding solution to address the ongoing needs of your pets.
To address the holistic needs of your pet, you should consider the designation of a caregiver, financial provisions, and a list of detailed instructions. The designated caregiver is the person who will be responsible for the day-to-day care of the pet. This person should be someone you trust and who has a genuine affection for your pet. As with all trusts, a pet trust must be funded. Funding the pet trust allows you to allocate funds specifically for your pet’s needs, including veterinary care, food, grooming, and other necessary expenses. This ensures the caregiver has the financial means to care for your pet. Finally, you can leave a list of specific instructions regarding your pet’s routine, dietary preferences, medical history, and any other unique needs. This helps the caregiver maintain a consistent and familiar environment for your pet.
A pet trust in Michigan is a proactive and compassionate way to safeguard the well-being of your beloved pets. By taking the necessary legal steps, you can ensure that your furry companions continue to receive the care and attention they deserve, even when you’re no longer able to provide it yourself. Consult with Parakletos Law to create a personalized pet trust that reflects your wishes and secures a loving future for your animal companions.
pet trustpetsanimal careanimal trustcare for animals after passing
Jesse Bergwerff
https://www.parakletoslaw.com
What is Estate Planning?
What is Estate Planning?
Estate planning is essentially creating a plan for your assets. An estate could be modest or substantial, including vehicles, homes, investment properties, retirement funds, bank accounts, life insurance, and personal belongings like furniture, clothing, and kitchenware. When you pass away, none of it can be taken with you, which raises the question of what happens to it. The answer to this question depends on your actions now; estate planning is a proactive way to plan for the future.
Your proactivity means planning in advance, naming the people you want your estate to go to (or not go to), the organizations and charities you want to support, and the people you want to carry out your wishes. However, effective estate planning goes beyond just assigning beneficiaries. It involves outlining your funeral preferences, appointing guardians and conservators for yourself and your underage children in the event of incapacitation or premature death, giving guidance for end-of-life decisions, ensuring the care of children with special needs, making provisions for loved ones who struggle with financial responsibility, and various other important considerations.
Should I have an Estate Plan?
It’s a common misconception that estate planning is only necessary for the elderly or retired. In reality, anyone who owns something of value, even if it’s just sentimental, should have an estate plan in place. This includes parents – especially if they have minor children, young married couples who have purchased their first home, blended families, and business owners who want to leave a legacy – to name a few. Unfortunately, around 77% of U.S. adults put off estate planning because they believe they do not own enough, do not have enough money, or are not old enough. However, no one can predict when unexpected events, illnesses, or accidents may occur, so estate planning is essential for everyone. The answer to the question is yes, you should have an estate plan.
What Makes up an Estate Plan?
An estate plan consists of four primary components: a will (or pour-over will), a trust agreement, patient advocate designations, and powers of attorney. Let’s look at these individually.
A will, also referred to as a last will and testament, is a document that provides instructions to both the court and your heirs regarding how you want your assets to be divided. It serves as a guide for your heirs to follow – although it does serve as a guide, a will is still very limited in some ways. One limitation to consider is that your heirs will receive a lump-sum distribution as soon as the funds are available. If they are minors at the time of your passing, then they get a lump sum the day they turn 18 years old – for many young people this could cause irreparable damage by not having the life skills or brain development required to handle large sums of money. By using a trust, this scenario can be avoided. A pour-over will is similar to a regular will, but it is used in conjunction with a trust; it ensures that any assets that were not included in the trust are transferred to the trust – which then gets distributed according to the terms of the trust agreement.
A trust is a legally binding agreement that allows a trustee to hold title to your property. By using a trust, you can avoid probate, maintain control over your assets even after you pass away, protect your legacy, maintain privacy, set limitations, requirements, or benchmarks for distributions, and save on probate costs.
Patient Advocates assist patients and their loved ones by providing guidance in navigating the healthcare system, communicating with doctors, and making important medical decisions when the patient cannot do so. The patient advocate designations provide clear directions for end-of-life decisions, which is crucial when situations are emotionally charged. By providing clear instructions, you can limit and prevent disagreements among your family members regarding your end-of-life wishes. This will give them the reassurance they need to know what actions to take in accordance with your preferences.
A durable financial power of attorney allows an agent – whom you designate, to manage your finances when you are no longer competent. Your appointed agent will be able to handle tasks such as filing your taxes, paying your bills, and ensuring the smooth operation of your business, among other things. With a broad power of attorney, your agent can act on your behalf and manage your finances as if they were you. However, you can also set limits on their authority if you only want them to make specific financial decisions.
When is the best time to act?
The optimal time to act is now. Most of us tend to avoid thinking about our own mortality or the chance of being incapable of making decisions. This is precisely why many families find themselves unprepared and caught off guard when incapacity or death does occur. It is important not to delay planning for such situations. It is a good idea to create an estate plan that can be adjusted as your life changes. We suggest reviewing your plan every 3-5 years to ensure it still meets your needs.
Where does Estate Planning all Begin?
It all begins by sitting down with a professional who understands your goals, both in life and after you pass away. By getting a clear picture of what is important to you, we can design an estate plan that fits your goals perfectly.
Jesse Bergwerff
https://www.parakletoslaw.com
The Basics of Family Law
Family dynamics are intricate, and when legal matters arise within the familial sphere, it becomes crucial to understand the intricacies of family law. In Michigan, like in many other states, family law encompasses a broad range of issues from marriage and divorce to child custody and support. This article focuses on some of the key aspects of the divorce process.
1. Marriage and Divorce:
Michigan follows “no-fault” divorce laws, meaning a spouse does not have to prove fault or misconduct to seek a divorce. Instead, either party can file for divorce based on the assertion that the marriage has broken down irretrievably. Understanding the division of property, spousal support, and other related aspects is essential for those considering or going through a divorce.
2. Child Custody and Support:
Determining child custody and support is often one of the most emotionally charged aspects of family law. Michigan courts prioritize the best interests of the child when deciding custody arrangements, and factors such as the child’s relationship with each parent, stability, and the ability to provide a nurturing environment are taken into account. Child support calculations are based on the income of both parents, the needs of the child, and several other factors.
4. Domestic Violence and Restraining Orders:
Protecting the safety of family members is paramount. Michigan has laws addressing domestic violence, and individuals experiencing abuse can seek protection through restraining orders. Understanding the legal options available for those facing domestic violence is crucial for fostering a safe environment for all family members.
5. Prenuptial and Postnuptial Agreements:
Michigan recognizes prenuptial and postnuptial agreements as legally binding contracts that outline how assets will be divided in the event of divorce or death. These agreements provide individuals with the opportunity to clarify financial expectations and protect their assets, fostering transparency and preventing potential conflicts down the road.
Navigating family law in Michigan requires a comprehensive understanding of the state’s legal framework. Whether you’re contemplating marriage, facing divorce, or dealing with child custody issues, seeking legal counsel can provide clarity and ensure that your rights and responsibilities are safeguarded. Family law, with its intricate web of regulations, ultimately seeks to promote the well-being of individuals and families in Michigan, offering a legal foundation for resolving disputes and shaping the future of familial relationships.
divorceseparationchild supportcustodyparenting timepropertyproperty divisionmarital assets
Jesse Bergwerff
https://www.parakletoslaw.com
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