South Lyon Probate Attorney

When a loved one passes on, there are many things surviving family members suddenly have to deal with, from organizing a funeral to dealing with the estate. If you’ve lost a loved one in South Lyon, Michigan, you are probably feeling overwhelmed by everything you need to deal with while grieving for your family member.

Bingham Legal Group has more than 20 years of experience in probate administration and estate law. We know you are going through a difficult time, and complex legal issues are the last thing you want to deal with. We can take on all the stressful tasks of resolving your loved one’s estate, freeing you to focus on your family.

If you have responsibilities as the estate’s Personal Representative, we can give you the support you need to perform your duties correctly and fulfill the trust placed in you by the deceased. If your loved one’s estate is going through probate in South Lyon, Michigan, contact Bingham Legal Group immediately.

Probate Law in Michigan

Probate is the legal process of verifying someone’s will. The probate court then oversees the administration of a deceased person’s estate. The estate is administered by a Personal Representative or PR, who has three main duties:

• Marshaling of assets
• Payment of charges
• Distribution

Marshaling of assets refers to the process of assembling, securing, evaluating, and sorting all the property owned by the deceased. Payment of charges is the process of paying all the estate’s debts, including medical expenses, funeral expenses, debts owed to creditors, taxes, and the cost of administering the estate.

The final step is distribution, in which any remaining assets are distributed to the beneficiaries named in the will. If there is no will, then state laws on intestate succession determine who will receive the estate’s assets. If you’ve been appointed as the estate’s Personal Representative, a probate lawyer can provide the support you need to perform all your tasks correctly.

When Is Probate Necessary in South Lyon?

Michigan law requires an estate to go through probate when a decedent leaves property in their own name or when the estate receives property through a debt or a wrongful death claim.

Assets exempt from probate include:

• Joint tenancies with right of survivorship
• Pension benefits and life insurance policies with designated beneficiaries
• Assets owned by a revocable trust
• Other assets such as clothing, tax refunds, some motor vehicles and watercraft, and cash under $500

If a person leaves behind no real estate and only personal property, such as a car or small bank account, their estate may not need to go through the probate system at all. It can be difficult to determine whether an asset is subject to probate, but a probate lawyer can help you assess which assets need to go through probate and which do not. A probate lawyer can also help you correctly transfer assets that don’t need to go through probate.

Probate Administration

There are several different types of probate administration in Oakland County:

• Unsupervised administration, in which the PR administers the estate independently unless a creditor or beneficiary requests court supervision.
• Supervised administration, in which the probate court reviews and approves whatever the PR does with the estate.

Steps to Take After a Death

These are the steps you should take immediately after the death of a family member:

• Arrange the funeral
• Keep all bills related to the funeral or the estate
• Obtain copies of the death certificate
• Find and secure the decedent’s will and other important papers
• Get the name, address, and social security number of everyone named in the will
• Put together a list of all the decedent’s assets
• Inform the Social Security Administration about the death
• Find out whether the SSA will be paying any survivor benefits
• Talk to a probate lawyer to determine whether probate is needed
• Determine who should be the Personal Representative if the will doesn’t appoint one
• File a petition for probate and appointment of a Personal Representative

A probate lawyer can help you with several aspects of this process, including the determination of whether probate is necessary and filing the petition for probate correctly.

Probate Litigation

Sadly, probate administration often results in litigation between family members or other interested parties. Typical reasons for litigation include:

• Ambiguity or contradiction in the wills, trusts, and other estate planning documents can lead to disagreements about which document should govern the administration of an estate.
• If family members suspect the Personal Representative of self-dealing or some other breach of fiduciary duty, they may file a lawsuit.
• Family members or other beneficiaries may assert that the deceased person was not of sound mind when they made the will or established the trust or that they were under undue influence at the time.

These are complex legal issues, and a probate lawyer is essential for resolving them in a way that protects your rights and honors the wishes of the deceased. No one wants to face a lawsuit while grieving a loss, but if you don’t stand up for your rights at this difficult time, you may lose assets to which you are legally entitled. When a person writes a will and establishes an estate plan, the goal is to make sure loved ones are taken care of. Contact a skilled probate lawyer to help make sure that your loved one’s wishes are respected.

Contact a Probate Lawyer Today

If a loved one of yours has passed away in South Lyon, Michigan, there are so many things you need to do that it can be easy to feel overwhelmed. The situation can be stressful, but it’s important to ensure that their wishes are honored, and their estate is distributed according to their wishes.

Whether the estate includes properties in downtown South Lyon or in neighborhoods like Knightsbridge Gate, Hidden Lake, or Andover Creek, you want to ensure that every asset is administered correctly and distributed the way your loved one wanted. Seeking the assistance of an experienced estate lawyer is the best way to achieve this goal.

Bingham Legal Group has been serving South Lyon and other communities in the Detroit, Michigan, area for more than 20 years. We have extensive experience with every aspect of probate administration, probate litigation, and estate law. We can help you get the estate taken care of with as little stress to you and your family members as possible. Contact Bingham Legal Group today.

Directions to Our Office Near South Lyon

You can reach come visit our offices at 30100 Telegraph Road, Suite 360, Bingham Farms, by using these directions:

From the North:

Take US-24 S/Telegraph Rd toward Bingham Farms. Continue past 13 Mile Rd. The destination will be on your right.

From the South:

Take US-24 N/Telegraph Rd toward Bingham Farms. Continue past 12 Mile Rd. The destination will be on your left.

From the East:

Take I-696 W toward Telegraph Rd. Take Exit 10 for US-24/Telegraph Rd and merge onto Telegraph Rd N. Continue past 12 Mile Rd. The destination will be on your left.

From the West:

Take I-696 E toward Telegraph Rd. Take Exit 10 for US-24/Telegraph Rd and merge onto Telegraph Rd N. Continue past 12 Mile Rd. The destination will be on your left.