Warren Probate Lawyer

Warren, Michigan, is an inner-ring suburb of Detroit known for its important role in the automotive manufacturing industry. Over the years, many families have settled here to help build motor vehicles for Chrysler and Dodge, building wealth to pass on to their children and grandchildren. But when hardworking individuals pass away without a will, their assets and legacies may be held up in a Michigan probate court.

If you’ve lost someone in your family and need help figuring out what to do next, a probate lawyer can help. Our estate planning lawyers have over 60 years of combined experience helping families like yours. We offer estate planning services for every stage of life, including the challenging task of administering an estate as it goes through probate. If you’ve lost a family member in Warren, Michigan, contact us today.

What Is Probate?

Probate is the legal process of settling a deceased person’s estate. The first step is to file a petition with the probate court. The court will appoint a personal representative to settle the estate. The personal representative must:

• Marshal the assets of the estate
• Pay the charges of the estate
• Distribute the remaining assets to the beneficiaries

Marshaling the assets includes:

• Assembling the assets, such as deeds and other paperwork
• Securing the assets
• Determining the value of all assets, which may require appraisals and other evaluations
• Sorting the assets to determine which assets need to go through probate and which are exempt

Payment of charges includes:

• Paying all medical bills
• Paying funeral expenses
• Paying debts owed to creditors
• Paying taxes
• Paying family allowances
• Paying estate administration expenses

After all the debts have been paid, the personal representative distributes the estate’s remaining assets to the beneficiaries named in the will. If the decedent didn’t have a will, assets are distributed according to Michigan intestate succession laws.

Is Probate Necessary?

Probate takes time, and surviving family members in Warren often just want the process to be over. Is probate necessary in your case? That depends on the specifics of your situation. In Michigan, probate is only required when:

• The decedent left property in their own name rather than through a trust
• The estate is expecting money in a wrongful death claim
• There are debts owed to the estate

Some assets are exempt from probate, such as:

• Assets jointly owned with another person who has the right of survivorship
• Assets in the possession of a revocable trust
• Certain properties with designated beneficiaries, such as pensions and life insurance policies
• Other assets listed as exemptions, including tax refunds and clothing

Don’t just assume that a particular asset is exempt from probate, as the laws can be confusing, and it would be easy to make a mistake. Ask a probate lawyer for guidance on which assets are exempt from probate and how to transfer exempt assets.

Probate Administration

Administering a small estate is relatively simple. If the estate is worth no more than the cost of funeral expenses plus $15,000, the court will assign all remaining assets to the heirs. For a larger estate, the personal representative must request either unsupervised or supervised administration.

Unsupervised administration means that the personal representative acts independently of the court, and only limited information about the estate is entered into the public record. Families often prefer unsupervised administration because it keeps their financial affairs more private.

However, the personal representative may request supervised administration if they aren’t sure they know how to make the right decisions for the estate. An interested third party, such as a beneficiary, can also request supervised administration if they aren’t sure the personal representative is administering the estate properly. If the probate court orders supervised administration, the court will have to approve all major decisions about the estate.

Contested Wills and Probate Litigation

When someone dies in Warren, it often results in a bitter conflict between potential beneficiaries over the terms of the decedent’s will or estate plan. Understandably, a person who expects to receive something in a will might be disappointed when they do not, or they might suspect undue influence if a will was changed at the last minute. Family members may also suspect the personal representative of administering the estate improperly for personal gain.

Typical scenarios that can lead to probate litigation include:

• Accusations of undue influence over changes to the will
• Allegations that the decedent was not of sound mind when making the will
• Accusations of breach of fiduciary duty on the part of the personal representative

Whether you’re challenging a will or defending yourself against allegations of impropriety, you need the help of an experienced probate lawyer. Don’t be silent if you feel that something isn’t right. Stand up for yourself and the wishes of the deceased.

What to Do After a Death

Most people have no idea what to do after someone dies. Having a to-do list can help you move forward when everything seems chaotic. The steps you should take after a death include:

• Call the funeral home and arrange the funeral. Keep all the bills you receive, as the estate should pay these expenses.
• Obtaining multiple copies of the death certificate. Many steps in the process require a copy of the death certificate, such as transferring exempt assets.
• Finding the will and any estate planning papers. These may be kept in a safe deposit box, in the decedent’s office, with your estate planning lawyer, or in a registry.
• Make sure you have the name, address, and social security number of every person mentioned in the will.
• Find all deeds, contracts, or other evidence of assets the estate owns.
• Contact the Social Security Administration to inform them about the death and ask about survivor benefits.
• Get in touch with a probate lawyer.

Your probate lawyer can help you select a personal representative and file the necessary petition with the probate court.

Contact a Probate Lawyer Today

Losing a family member is hard enough, but dealing with complicated legal issues afterward often makes a difficult situation even worse. The challenging emotions involved can cause conflict between family members, piling on extra stress at the worst possible time. A skilled probate law firm can help you by taking on many stressful tasks you would otherwise need to do yourself.

Bingham Legal Group is an estate planning firm serving Warren, Michigan, and other communities in the Detroit metro area. We are proud of our work to help families after a loss. We can help everything go as smoothly as possible and make sure all your legal duties are discharged correctly. If you need help with a probate issue in Warren, Michigan, contact Bingham Legal Group immediately.

To find our offices:

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.