Probate is a Serious and Complicated Legal Process
Please accept my deepest sympathies and condolences for the loss of your loved one. It is hardly fair that after you have had to suffer through illness, death, and a funeral that you need to put affairs in order. Most people find the probate court process very confusing and stressful. That is because it is.
Consider these things:
- There are four types of probate processes available ranging from no supervision at all to full blown court supervision of every action taken;
- No bank will accept your ability to access funds (unless you are named on the account) without court orders granting you permission;
- The lack of a will may result in un-intended heirs;
- The will may be so old that is in fact ineffective;
- Creditors may file false claims;
- Heirs may assert false claims;
- If you do it wrong you can be held personally liable for the loss to the estate!
Please call me for a free, confidential consultation at (248) 432-1612.
A Skilled West Bloomfield Probate Lawyer Will Protect Your Interests
The emotions associated with losing a loved one can make it difficult to deal with the subsequent legal matters. I understand that it is not easy dealing with a multitude of legal issues following a death, but I can help to keep matters from becoming more difficult than they need to be.
My goal is to help you to resolve your situation as efficiently and as quickly as possible. I am a skilled probate lawyer who will guide you through the estate administration process so that assets are distributed to the beneficiaries and the family can move forward. Even in cases where proper estate planning was not done, I can help. I provide families and individuals the legal representation and counsel they need to protect their interests during probate proceedings. Please call me for a free, confidential consultation at (248) 432-1612.
What is probate?
When a person dies that person is called the decedent. The property that the decedent owned individually is called the estate. The law provides a process called probate to provide an orderly way to pay the decedent’s debts and distribute the decedent’s property.
When is Probate Necessary in West Bloomfield and Detroit?
Probate is not necessary in three situations: 1) There are no assets; 2) The only assets are joint accounts or insurance benefits; or 3) There is a living trust.
Otherwise, if there are assets owned individually by the decedent probate is required. This is because without going through the court process nobody owns the assets and the assets cannot be legally transferred to somebody else. Also, the law protects the decedents creditors - the assets cannot be distributed until the creditors are satisfied. Please call me for a free, confidential consultation at (248) 432-1612.
What are The Different Types of Probate
Probate is not a self-help task. The first question a lawyer needs to decide is what type of probate proceeding should be used. There are four kinds of probate proceedings. The first is for small estates. If an estate is less than $24,000.00 this proceeding is recommended. It is a streamlined procedure that is usually wrapped up quickly.
The second type of probate is informal probate. There is no judge overseeing this type of probate. However, do not be fooled - this process can be quite complex despite its name.
Formal probate involves a judge overseeing the case. Formal probate can be unsupervised, which is similar to informal probate, or supervised, which requires court approval as to every step of the process.
The presence or absence of a will complicates things further. If there is no will the probate is called an intestate proceeding. If there is a will the probate is called a testate proceeding. In an intestate proceeding the law dictates who will get what. In this type of proceeding complicated issues can arise as to who is legally entitled to inherit. Without legal advice it can become a nightmare to unravel the proper heirs.
In a testate proceeding the will dictates the distribution of property. Here there are complicated issues can arise in determining the validity of the will or in determining the validity of the gifts in the will.
What Kind of Problems Arise in Probate
In either testate or intestate cases litigation can and does arise over distributions and creditor claims. Litigation can also arise over who is entitled to be the personal representative - the person who administers the estate. Finally, in testate cases litigation can arise over the validity of the will or the gifts.
There are procedural steps which must be strictly followed. Inventories must be filed, notice has to be given to creditors, and in supervised estates accounts have to be prepared and approved by the court. Taxes must be paid. If the personal representative makes a mistake, he or she can be personally held responsible for it.
How Long Does Probate Last In West Bloomfield or Detroit?
Probate must last at least five months. Most cases resolve within a year. However, if determining assets is problematic, if tax returns have not been filed, or if there is litigation the probate can last much longer.
My goal is to help you to resolve your situation as efficiently and as quickly as possible. I am a skilled probate lawyer who will guide you through the estate administration process so that assets are distributed to the beneficiaries and the family can move forward. Even in cases where proper estate planning was not done, I can help. I provide families and individuals the legal representation and counsel they need to protect their interests during probate proceedings. Please call me for a free, confidential consultation at (248) 432-1612.
