Probate Lawyer Serving Royal Oak, MI

Probate Lawyer Serving Royal Oak, MI

Probate Attorney Royal Oak, MI

Facing the probate process in Michigan can feel overwhelming, especially as this process typically takes place as you are mourning your loved one. At Bingham Legal Group, we understand the emotional toll that probate takes on you. Our compassionate estate planning & probate lawyers can guide you every step of the way to make the process as smooth and painless as possible.

Don’t try to handle probate and estate administration alone after the death of a loved one. Trust the experienced representation of Royal Oak probate lawyers from Bingham Legal Group to protect your interests while you focus on navigating your loss. Contact our team today to schedule a free consultation.

The Probate Process in Michigan

Probate is the legal process that happens after someone dies. It typically begins with a will. If the deceased has a will, then the court must first determine whether that will is legitimate.

For a will to be legitimate, it must have been created by the deceased while they were of sound mind and without any undue influence by others. A will must also be witnessed, and those witnesses must attest to these requirements. The first duty of the court is to confirm that these factors are present.

Assuming the will is valid, the court will assign an executor to fulfill the wishes for the dispersion of assets and property listed in the will. Typically, that executor is named in the will, and the court respects this wish when appointing someone to the position.

The executor has several duties that must be fulfilled. For instance, they will need to secure access to all of the deceased’s assets and contact any creditors. Creditors must be paid by assets from the will. Additionally, any unpaid taxes must be paid from those assets.

Once debts are handled, the executor must disperse the assets of the deceased, per the instructions in the will. This means that they need to find all beneficiaries and determine whether the deceased had enough assets to fulfill the instructions in the will. This may require prorating the will or making decisions when there are assets not listed in the will.

There are many steps in this process where an executor can run afoul of the law if they don’t do things exactly as Michigan or federal law requires. If you are an executor, it is essential to seek legal representation from the Royal Oak, Michigan, estate attorneys at Bingham Legal Group to ensure your loved one’s wishes are properly respected.

Probate Without a Will

Sometimes, there is no will to determine the validity of. When no will is present — or a will is incomplete — the probate process is dictated by state laws. The executor must then follow roughly the same procedures as when a will is present, but finding and contacting beneficiaries can be much more difficult.

Also, when someone dies without a will, there can be a greater chance that a potential heir will dispute the results. Bingham Legal Group can help you follow the law and handle any disputes as efficiently as possible.

Estate Planning

When someone dies without a will, the process may take quite a bit longer and be more expensive. Regardless of whether you are 18 or 81, estate planning is something you should never put off. It ensures that your loved ones experience less stress should the unfortunate happen, and that they get the assets you want them to receive.

Good estate planning also prevents trust problems and will disputes. Our attorneys can help you create a will that clearly states what will happen with your property after you die and that follows all state and federal laws.

We can also help you communicate with all potential heirs so that they understand what types of benefits they will receive from your will. By reaching out as we create your will, we can head off any problems that might otherwise arise during the probate process.

Drafting a will is only one of many options when estate planning. An attorney for Royal Oak, MI, estate planning from Bingham Legal Group can discuss other options with you as well, such as trusts. By setting up an appropriate trust, you can reduce the delay caused by the probate process and protect your loved ones after you pass away.

How a Lawyer Helps With Probate & Estate Administration

If you have been named the executor of a will in Michigan, you will be expected to perform a wide variety of administrative and legal actions. Even lawyers who don’t have years of probate experience might find this a daunting task. 

If you want to save time and limit the costs incurred by probate, it’s best to contact Bingham Legal Group, near Royal Oak, MI, as soon as possible.

Our probate lawyers have extensive knowledge of probate and estate administration. We can help you:

  • File a will with the probate court
  • Determine any last responsibilities that the executor must perform for the estate
  • Efficiently find assets, even if the deceased doesn’t have good records
  • Uncover all creditors and debts owed
  • Calculate tax liability for the deceased and the estate
  • Find and contract all beneficiaries, even if they are off the radar
  • Interpret poorly worded wills
  • Apply Michigan law when a will is deficient or missing
  • Handle legal claims made against the estate
  • Provide emotional support for loved ones in mourning
  • Direct heirs to other support services
  • Close the estate after the probate process is complete

Good estate administration can be the difference between a probate process that finishes quickly and one that takes years to resolve.

Contesting a Will

You will also want to consult a probate lawyer serving Royal Oak, MI, if you want to contest a will. If you think that the deceased was unduly influenced, that someone falsified the will, or that you were unfairly omitted, we may be able to help you get justice.

We have decades of experience helping clients contest wills — and the case results to prove it. Our attorneys can investigate your claims and determine how to get you a fair resolution.

Contesting a will doesn’t have to mean a court hearing or lawsuit. Our probate lawyers can negotiate with the executor to obtain a fair result. 

However, when it is necessary to go through the courts, we also have experience with invalidating wills, removing executors who have a conflict of interest, or even suspending access to assets until the issues are resolved.

Contact a Probate Lawyer Serving Royal Oak Today

Probate law is complex, whether you are an heir or the executor of a will. Complications can arise early in the process, especially if there is no will or if it wasn’t created with the assistance of a qualified estate planning attorney.

While the probate process is designed to protect the interests of the deceased and their heirs, this doesn’t always happen. If you want to ensure that you and your loved one’s heirs are safeguarded during probate, it is crucial to turn to an experienced probate attorney from Bingham Legal Group for help. 

You deserve a dedicated advocate on your side. Contact our seasoned team to schedule a free consultation with a dedicated Royal Oak, MI, probate and estate lawyer today.

Areas Served