Our West Bloomfield will lawyer, Douglas Kuthy, has been practicing estate planning and probate law for over thirty-five years. His goal is to guide our clients through their legal rights and options to outline their estate plans, no matter where they live or work in Michigan.
Our Oakland County estate planning attorney provides flat-fee legal representation so everyone has equal access to the facts, information, and requirements necessary for creating a legally binding will. We provide our fellow Michigan residents with peace of mind at a reasonable price so they can confidently plan their futures, knowing that no decision or detail is left to chance.
Contact Douglas Kuthy today to learn how he can help customize your will so your complete wishes are followed by parties you designated, so your legacy can live one.
Definition Of A Will in West Bloomfield
Since I am a West Bloomfield wills lawyer, I can explain wills. A will uses the probate process to disburse property upon death. And will appoint a guardian for the children. During your life, you own your property and make decisions for your minor children. However, after death, a person you appoint, called a “personal representative” manages your property. And the “estate” owns the property. However, the personal representative owes the estate legal duties. For example, the first duty is loyalty. Similarly, the second duty is honesty. And, the personal representative must account to the court.
Wills Lawyers Create Wills
A wills lawyer creates a will for his client. The client (called the “testator”) tells the lawyer their intentions. First, the testator must tell the attorney who will process the estate (the “personal representative”). Second, the testator must tell the attorney who will receive the testator’s property at death (the “devisees”). Finally, the testator must pick a guardian for minor children. The personal representative, the guardian, and the devisees may be the same person. On the other hand, they may be different. The testator must be competent when the will is created. And, a will must be in writing. In addition, it must be witnessed by two people when it is signed. With a properly drawn will there are many required clauses. If required clauses are not included the will is not invalid. However, it may require court interpretation. In sum, a person should not draft a will using off-the-shelf software.
Wills And Estate Planning In West Bloomfield
Estate planning uses three different types of wills. First, a “simple will” (which, as we will see below, is not so simple). Second, a will with a testamentary trust (a will creating a trust). And, finally, a “pour over will”. Each type of will serves a particular function. The simple will is used to create an estate that will go through probate. On the other hand, a testamentary trust creates both a probate estate and a trust which arises upon death. And, the pour-over will pick up assets that have not been included in a revocable living trust, creates an estate for them, and then transfers them to the trust. In conclusion, you need a West Bloomfield wills lawyer to determine which type of will best suits your needs.
Problems With Distribution
Wills are not flexible. Problems often arise with changes in circumstances. For example, if a devisee dies before the testator and there is no alternative stated in the will the gift will lapse and it will pass to others to whom the testator did not wish to gift. Likewise, if the gift no longer exists it will adeem and the devisee will receive nothing. Finally, if the value of a gift changes the entire distribution may be reduced. In this case, abatement occurs. In other words, people farther down the “list” will receive less than the testator intended. Thus, there is no such thing as a “simple” will. A carefully drafted will address all of these possibilities. This, and the cost of probate, is the reason that trust-centered estate planning is superior to using a traditional will.
In conclusion, this page is only intended to give a thumbnail description of will information for West Bloomfield. But, for more in-depth information see the following: Detailed Will Information
What is a Living Will?
A living will, also known as an advance directive or healthcare directive, is a legal document that allows individuals to specify their wishes regarding medical treatment and end-of-life care if they become unable to communicate their preferences due to incapacity.
Key components of a living will include:
- Treatment Preferences
A living will allows individuals to indicate their preferences regarding specific medical treatments and interventions. For example, they may choose to specify whether they want to receive life-prolonging treatments if they are in a persistent vegetative state or have a terminal condition.
- End-of-Life Care
A living will often address end-of-life care decisions, like whether individuals want to receive palliative care to manage pain and symptoms or whether they prefer to be kept comfortable and allowed to die naturally if they are terminally ill.
- Organ Donation
Some living wills include provisions regarding organ and tissue donation. Individuals can specify whether they wish to donate their organs and under what circumstances.
- Appointment of Healthcare Proxy
In addition to expressing treatment preferences, a living will allow individuals to designate a healthcare proxy or agent to make medical decisions on their behalf if they cannot do so. This person is typically a trusted family member or friend who will advocate for the individual’s wishes.
Living wills are legally binding documents, and healthcare providers must follow the instructions outlined to the extent the law permits. A living will can provide peace of mind for individuals and their loved ones by ensuring their wishes regarding medical treatment and end-of-life care are known and respected.
Our West Bloomfield wills attorneys can help you customize your living will, including adding Financial Powers of Attorney when necessary. Contact us today to schedule a free consultation to learn more.
What Should I Bring to an Initial Meeting with a West Bloomfield Wills Attorney?
Before you meet with our attorney, take some time to gather relevant documents and information, like a list of your assets and liabilities, information about your family members and beneficiaries, and any documents you believe are important to your decision-making. Think about your goals and objectives for your estate plan and any questions or concerns you have, and we’ll start the conversation there.
If you already have an estate plan and believe it may need to be reviewed and updated to remain current and effective, we can help you make any necessary revisions based on changes in your life circumstances, goals, or the law.
Contact Douglas Kuthy today to discuss your estate planning needs so you can start protecting everything you have worked so hard to achieve.
