Menu
When an individual passes away in Michigan, their estate typically goes through Michigan’s probate process, ensuring the proper distribution of assets or “inheritance,” to beneficiaries. If the deceased person had established a will or trust, these documents explicitly guide the distribution of their assets which provide a clear path for asset allocation among the designated beneficiaries.
In cases without a will or trust, Michigan’s intestate succession laws come into play to determine heirs. This process can be intricate, often necessitating the expertise of an attorney specializing in probate and inheritance law to navigate estate administration, intestate succession, and any related legal complexities.
Estate litigation, concerning disputes over a deceased’s inheritance, often arises from issues related to wills or trusts. Discontent among family members regarding the provisions of a will or trust, or cases where an individual dies intestate (without a will or trust), can lead to legal challenges. In these scenarios, consulting an attorney with expertise in probate and estate litigation is crucial for appropriate legal guidance and resolving disputes effectively.
The inheritance lawyers at L.A.H Law offer a multitude of legal services related to inheritance administration and litigation. These legal services include but are not limited to:
In Michigan, disputes over wills or trusts arise for several reasons, this includes but is not limited to the following,
Improper Influence: Cases where a vulnerable person, such as an elderly individual, is pressured to change their will or trust for someone else’s benefit.
Lack of Capacity: Challenges occur if there are doubts about the mental competence of the deceased at the time of creating their will or trust.
Improper Execution: Legal issues can arise if a will or trust wasn’t executed properly, including the absence of required formalities like witnessing.
Failure of the Personal Representative: Legal action may follow if the estate’s personal representative fails to adhere to the terms of the will or trust.
Guardianship Disputes: When no guardian for minors is designated, or if there’s family disagreement about guardianship, courts often step in. These disputes require nuanced legal understanding due to their complexity and the sensitive nature of guardianship.
In Michigan, the estate or inheritance administration process involves a series of steps. Here’s a basic outline of the inheritance administration process.
Filing The Will: The will is filed with the probate court in the county where the deceased resided.
Filing The Petition for Administration: A formal request to open probate is filed, usually by the proposed personal representative.
Appointing The Personal Representative: The court appoints an individual to administer the estate, as per the will or under Michigan law if there’s no will.
Determining The Validity of a Will: The court verifies the will’s legality and its adherence to Michigan’s requirements.
Accounting of The Assets: The personal representative compiles a detailed inventory of the estate’s assets.
Closing The Estate: After paying debts and distributing the assets, the estate is closed formally with the court.
Assets that are jointly owned, have designated beneficiaries, or are payable on death typically bypass the probate process. The timeframe for this process can vary.
The cost of hiring a Michigan inheritance attorney can vary widely based on factors including the intricacy of your probate needs, the lawyer’s experience, and their pricing model. Fees might be structured as a flat rate, hourly charge, or retainer, with flat fees spanning $1,000 to $5,000 or more, and hourly rates around $200 to $500 or higher.
Our firm appreciates the gravity of managing estate affairs and provides initial free 15-minute consultation. From there, we provide reasonable and transparent pricing for our clients. General probate administration cases cost a base of $2,500 while probate litigation services generally cost $300 per hour.
Navigating the complexities of Michigan probate and inheritance law requires expert legal guidance. The experienced inheritance attorneys at L.A.H. Law PLLC are well-versed in these matters and stand ready to assist you.
If you’re facing probate challenges or need advice on inheritance matters in Michigan, we invite you to reach out for a complimentary case evaluation. Let us provide the support and direction you need during this intricate legal process.