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Probate Administration Archives

What if you die without a will?

No one wants to think of their passing, but residents of Michigan should take the time and effort to make a plan regarding what to do with their assets when they die. If someone dies without a will, the state is in charge of distribution, and there is a progression of who the assets are passed to. To avoid complications or legal battles among intended heirs, it is always a good idea to have a legal document detailing how your assets should be allocated.

Choosing the right beneficiary for your retirement account

The beginning of the year is a good time for people in Michigan to review their estate and ensure the right beneficiaries are named. Retirement accounts are often one of the biggest assets one can pass to an heir, and there can be costly tax-related mistakes if not done correctly.

Sold inherited property and tax liability

Losing a loved one in Michigan is difficult, and figuring out what to do with inherited property can add to stress levels. If the inheritance included a house or other physical property, the beneficiary may choose to sell it. While there should not be an inheritance tax associated with inheriting the house, there are tax liabilities if the sale resulted in a profit for the seller.

Estate fraud and probate

People have many responsibilities and concerns when it comes to the probate process, whether they are unsure of their duties as an executor or experience problems with other beneficiaries, such as disagreements over how a loved one decided to distribute their assets after their death. However, estate fraud is a serious problem and the Bingham Legal Group knows just how difficult these issues can be for families and individuals to work through.

Holiday celebrations and estate disputes

On this blog, we have covered some of the reasons why disputes over an estate arise. Sadly, these disagreements have the capability to tear a family apart and can be especially tough to deal with during certain times of year, such as the holidays when family members join to celebrate. Bingham Legal Group knows that these matters can be tough for people on all sides of the dispute, whether you are an executor facing false allegations of neglecting your fiduciary duties or you are a beneficiary and believe you have been wronged. Either way, you may have to confront strong emotions and stress as you review the situation and this can be even more challenging during the holidays.

What happens to a house when the owner dies

It may bring peace of mind to heirs to know that they will not be saddled with their parent's debt in Michigan. However, someone who is looking forward to inheriting a home that was promised in the will could discover that the transaction is not straightforward.

Fiduciary duties and will contests

Unfortunately, all sorts of problems can arise with regard to a person's estate after they pass away, such as disagreements with the way in which assets are distributed or tax issues. Sometimes, a will contest may arise over allegations that an executor breached his or her fiduciary duties. The Bingham Legal Group knows how hard this can be for executors, beneficiaries, and entire families in Michigan. When these disagreements arise, it is vital to carefully go over the ins and outs of the situation as you move forward.

Addressing the breach of fiduciary duties

When it comes to estate matters, the challenges that can arise take many forms. Sometimes, families find themselves in the middle of a heated dispute following the loss of their loved one due to allegations that an executor breached his or her fiduciary duties. If you are a beneficiary who believes that an executor failed to distribute assets properly, you should immediately take steps to address the situation. Our law firm also recognizes that some executors in Detroit and across Michigan may also be falsely accused of breaching their fiduciary duties.

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