Losing a loved one is a singularly difficult experience with little comparison. The grieving process alone is enough without the legal burden of settling your loved one’s estate through probate. Bingham Legal Group PC understands your grief and is here to offer our assistance. Our probate and estate attorneys have been serving individuals and families in Taylor, Michigan, for decades with our trusted guidance. We can serve as your guide to streamline estate probate and manage any disputes that may arise.
Our Taylor, MI, Probate Attorneys are available to schedule a consultation. Contact us online or by phone, and a probate and estate planning attorney will follow up to learn more about your situation and discuss your options.
How an Attorney from Bingham Legal Group PC Can Help
Most people know very little about what probate is, much less the legal process involved with settling an estate. The probate attorneys from Bingham Legal Group PC can streamline the process and prevent mistakes or delays that could increase the costs or complexity of administering an estate. More specifically, our attorneys can:
- Prepare filing documents to initiate probate proceedings
- Locate and inventory your loved one’s estate
- Obtain appraisals of real estate, property, and personal possessions
- Communicate with creditors concerning outstanding debt obligations
- File tax returns for the deceased
- Represent the estate in contestations involving litigation
- Resolve disputes between beneficiaries
- Managing the deceased’s assets according to the will
Probate Process in Michigan
Probate is the process of settling a deceased person’s estate. This includes executing the deceased’s will, distributing their assets, and settling any outstanding obligations. In Michigan, a person’s personal representative or executor, as named in their will, files a petition with the court to initiate probate proceedings.
Proceedings have several different steps, depending on the size and complexity of the estate and the number of beneficiaries. But the general process consists of:
- Creating an Inventory of Assets – After probate proceedings are initiated, the personal representative catalogs the deceased’s assets, including bank accounts, investments, real estate, vehicles, and personal possessions.
- Settling Obligations with Creditors – Next, the representative must settle the deceased’s outstanding obligations. This might include taxes, loans, and other expenses the deceased still owes.
- Distributing Assets to Heirs – From there, the next step is distributing the remaining assets to the beneficiaries named in the deceased’s will.
- Closing the Estate – Once the deceased’s estate has been properly cataloged, debts paid, and the assets distributed, the court can close the estate and end the probate process.
The length of the process can vary, from a few months to over a year, but disputes or substantial creditor obligations can lengthen probate timelines.
Is Probate Necessary in Michigan?
Most estates will have to go through probate in Michigan, but Michigan offers a small estate exemption for estates under a specific value. The small-estate exception allows heirs to settle an estate with affidavits alone and avoid going through the courts. In order to be eligible, the estate must both:
- Have a value of less than $50,000, and
- Not contain any real estate
If both conditions are met, heirs can file an affidavit with the court attesting that probate will not be necessary. This affidavit is made under oath, so heirs who lie can face legal penalties for perjury.
Common Challenges in the Probate Process
Below are some of the most common challenges one can run into during probate in Michigan:
Can’t Locate or Appraise Assets
Locating or appraising the value of specific assets can be difficult, especially non-cash property like collectibles, vehicles, and personal effects. Assets located overseas can create additional complications concerning foreign estate laws and taxes.
Disputes Between Beneficiaries
Beneficiaries can dispute the will, which can cause costly court battles if one decides to pursue formal litigation. Disputes about inheritance can also occur if parts of the will are unclear or ambiguous.
Substantial Creditor Claims
Depending on the deceased’s finances, creditor claims might exceed the total value of the estate. Creditors must be paid before assets can be distributed, so settling an estate can be much more difficult if an unexpected creditor makes a claim.
Unexpected Taxes
If the deceased had numerous unsettled tax obligations, it could reduce the total value of the estate and incur additional tax penalties. Estates over a certain amount may also be subject to federal estate taxes.
Will Contests
Other parties might contest the validity of the will if they believe it doesn’t represent the desires of the deceased or is invalid for another reason. Anyone who has a direct financial interest in a will can contest and petition for its invalidation.
What Happens During Probate if No Will Exists?
Probate typically consists of the personal representative executing the deceased’s will, but what happens if the deceased has no will?
Dying intestate, or without a will, means assets are subject to Michigan’s laws of intestate succession. These rules define how the deceased’s assets are managed during probate if there is no will to assign beneficiaries.
Michigan’s intestate succession laws prioritize the immediate family of the deceased, including surviving children, spouses, and parents. Spouses or children who are the sole survivors inherit the entirety of the deceased’s estate. If both the spouse and children are still alive, the spouse inherits a specific dollar amount determined by the Department of the Treasury and half of the remaining assets, while the children receive everything else. If no spouse or children exist, the deceased’s parents receive the estate.
Dying intestate can greatly increase the cost and length of probate, which underlies the importance of proper planning. An estate planning attorney can help individuals plan for their futures and use various tools like wills and trusts to smooth the transition of assets after death.
Why Choose Us as Probate Attorneys
With over 60 years of collective legal experience, the attorneys at Bingham Legal Group PC are known for our trusted guidance and approach to estate planning for Taylor clients. Whether you are an individual or have a family, we can help you plan for your future and protect your family, your assets, and your legacy.
As experienced probate attorneys serving Taylor, we are familiar with managing all aspects of probate. We are highly experienced in administering estates and can help anticipate and solve potential problems impeding a speedy resolution, such as hidden assets or beneficiary disputes. We can also represent you during probate court hearings to ensure your loved one’s estate is correctly settled and their wishes honored.
Most important is our empathy and compassion. The death of a loved one carries enormous suffering, and managing those emotions is difficult with significant legal duties hanging over your head. Let us take the legal burden off your shoulders so you and your family can prioritize healing and moving forward with life.
Contact Bingham Legal Group PC Today to Speak to a Probate Attorney Serving Taylor, Michigan
Our Taylor, MI, Probate Attorneys at Bingham Legal Group PC want to be your law firm for life. Probate can bring an enormous amount of frustration and uncertainty, especially if your loved one’s affairs require organization. The probate process can be uncertain, but we can bring clarity and help ensure your loved one’s last desires are respected. Contact our offices online or call today for a case consultation with a probate attorney serving Taylor, Michigan.