Probate
is the legal process by which a person’s debts are paid and
assets are distributed upon his or her death. Estate
Administration includes the probate process as well as
non-probate transfers of the deceased’s assets. Individual
state laws direct the probate court how to distribute the
deceased’s estate.
Probate is the procedure for carrying out a person's
instructions for handling his or her estate. The probate of
some estates may require complex court proceedings, but most
estates are handled without the need for a lot of involvement
by the court.
Probate and trust administration often involves the transfer
of real estate and/or business interests. Our lawyers have
extensive experience in decedent, conservator, guardian,
probate and trusts and estates, as well as in the
administration and preparation of estate tax returns, both
federal and Michigan.
Talab Nunley attorneys assist numerous clients with the
probate administration process and the trust administration
process. Often court procedures and Michigan law can make the
probate process confusing. Our job is to simplify the
administration process for you and to expedite the
administration process as much as possible. TALAB NUNLEY,
P.C., has experience serving clients in Wayne, Oakland, and
Macomb counties.
We also have worked with attorneys throughout the country and
the world assisting clients with probate or trust
administration problems in other geographic areas. The law
firm of TALAB NUNLEY, P.C., has attorneys with years of
experience in assisting clients in probate and estate
administration.
Wills
The
principal reason for having a Will is to change the formula
set by the state as to who will receive your estate after
death. Wills also allow for naming a guardian for minor
children; choosing a Personal Representative (Executor);
setting aside specific assets for certain individuals or
charities; and/or creating a Trust to delay the distribution
of assets to persons who may not be ready to manage large sums
of assets.
A Will controls those assets which are in your own name.
Michigan law permits an individual to write his or her own
Will, with or without witnesses. The principal reason to
contact TALAB NUNLEY, P.C., is to have a person knowledgeable
in the law examine the facts surrounding the ownership of
assets and the facts surrounding who is favored the most in
the disposition of assets without a Will.
It is only through a questioning process that a proper Will
can be prepared. TALAB NUNLEY, P.C., can examine the entire
picture and legally explain what happens in your unique
situation. A Will is prepared taking into account all of the
facts surrounding that person's family history, assets and
desires as to who should get what. In Michigan the laws
regarding probate have been modernized which allows for a
faster process to avoid the tall tales of delay that have
haunted the probate process in the past.
Today, with the use of independent administration (no court
supervision), court hearings are not needed. The Will need
only be deposited with the court so that the named Personal
Representative may be authorized to act. The time to complete
administration of a normal estate is approximately six to
eight months. The Estate tax has been unified resulting in the
exemption of tax in more cases.
Trusts
A Trust
is a substitute for a Will and a Conservator and as such can
eliminate the need to use Probate Court in administering your
assets if you become disabled, incompetent, or die. A Trust
may also help reduce the risk of inexperienced and unskilled
management of property by allowing you to select today an
asset manager for the future.
A Trust is a written document of your desires as to the
management of assets during your lifetime if you become
incapacitated and to whom the assets pass upon your death. It
is an arrangement under which one person gives some part or
all of their assets to another as Trustee. Those who are to
receive benefits from the Trust are known as beneficiaries.
The arrangement establishes: (1) Who the beneficiaries will
be, what each will receive, and when they will receive it; (2)
How much investment authority will be given to the Trustee to
meet the needs of the beneficiaries; and (3) What the duration
of the Trust will be within the limits allowed by law.
Sometimes, people forget to transfer all of their assets to
their Revocable Living Trust, or maybe even acquire new assets
and die before the assets are transferred to their Revocable
Living Trust. When this occurs, an unintended trip to Probate
Court may be necessary. The Declaration of Trust document is a
potential safeguard against just such a situation. It
indicates that all assets acquired by the individual, whether
now or in the future, are being held by him or her on behalf
of his or her Trust.
TALAB NUNLEY, P.C., can discuss your estate plan and the
advantages of a Living Trust. However, it is just as important
to select the proper Trustee as it is to select the proper
estate planning attorney. While a well planned Living Trust
document can be just a few pages long, well chosen words and
instructions can insure that your intentions and planning
objectives are met.
Durable Powers of Attorney for financial matters
Many
people fail to plan adequately for a lifetime disability. You
should be considering the possibility of your disability, that
is, your incapacity to legally handle your affairs. Disability
can arise from many different causes, such as heart attack,
injury, accident, or old age. If you lack the ability to
handle your affairs, who can and will do so?
Michigan law provides a mechanism if you fail to act. However,
you have no assurances as to whom the court will appoint.
Instead you could prepare a document giving a relative or
friend the power to act for you.
The "Durable Power of Attorney" is a power of attorney that
can go in to effect if you become disabled.
It is also advisable to state in the Durable Power of Attorney
document that the person executing the Durable Power of
Attorney did so in order to avoid having a conservator
appointed. However, the person executing the Durable Power of
Attorney should let the Court know their choice for
conservator, if one is deemed necessary.
Medical Powers of Attorney
The
Michigan legislature recently authorized the use of a (Patient
Advocate) or Medical Power of Attorney for Health Care in our
state. The Medical Power is used during your lifetime if you
should become incapacitated due to illness or an accident. By
creating a Medical Power of Attorney for Health Care you can
appoint another individual to make decisions concerning your
care, custody, and medical treatment when you are unable to
participate in medical treatment decisions.
The
Medical Power of Attorney for Health Care ensures that your
desire to accept or refuse medical treatment is honored when
you are unable to participate in medical treatment decisions.
ADMINISTRATION OF ESTATES AND TRUSTS
TALAB
NUNLEY, P.C., provides all of the legal, accounting, and tax
services for the administration of a decedent's estate.
TALAB NUNLEY, P.C., also accepts cases involving litigating
contested Wills, Trusts, and Joint Accounts. Theories used by
attorneys in contesting a Will or legal documents are undue
influence, lack of capacity of the donor or testator, the lack
of the requisite formalities in the execution of the Will,
deed or legal document, duress, mistake, and fraud.
WHEN IS IT TIME TO UPDATE YOUR ESTATE PLAN?
There are numerous reasons to update your estate plan. Clients
often overlook changes in their life which necessitate changes
to their Estate Plan. The following are 10 instances when your
plan should be reviewed and updated:
Marriage.
The
birth of a child.
A
significant change in the value/makeup of your Estate.
Divorce.
Relocation to a different state.
Changes in family relationships.
Changes in the law.
Changes in professional or business status and/or
relationships.
Death
of a spouse.
Death
or incapacity of individuals named as fiduciaries in your
current plan.
At a
minimum, you should always review your plan on an annual basis
to consider if any of the above events have occurred. If you
are not sure whether these or other events require updating
your plan, call your Estate Planning attorney to discuss your
situation.
Services
of the Firm
Talab
Nunley, P.C., provides a full range of services in estate
planning and administration. We will assist you in the
planning process itself and will prepare all necessary
documents, including Wills, Trusts, Powers of Attorney, Health
Care Proxies (Patient Advocate), and related documents. We
also handle the Administration of Estates and Trusts, from the
simplest to the most complex.
We counsel clients in the following areas:
Estate Administration
Trust
Administration
Federal Estate Tax Returns
Michigan Estate Tax Returns
Gift
Tax Returns
Durable Power of Attorneys
Medical Power of Attorneys (Patient Advocate)
Wills
and Trusts
OUR
QUALIFICATIONS
Many
families throughout Michigan are familiar with the
professionalism generated personally by our firm. The attorney
handing a probate or estate matter is not just an attorney but
advocate looking out for your best interest.
Most of our clients were referred to our office by satisfied
clients who we assisted in the past. Additionally, other
attorneys have referred friends and family members to our
office, confident that their matter would be handled by an
extraordinary team of professionals in a discrete fashion.
Despite all this, the most important component of our firm is
our commitment to our clients. Obtaining the fastest
resolution to this terrible time is our goal. We understand
the serious of the issues involved, and are 100% committed to
helping our clients through the difficult times. Every client
is important to our office, and with every person we fight to
achieve the quickest possible result.
WHY YOU NEED
A LAWYER
Put a Strong Advocate In Your Corner
We will zealously represent your interest in these proceedings
and counsel you as your matter progresses. Our firm will do
everything possible to ensure your family's comfort in knowing
the matter is progressing with due care.
Professionalism With Your Case
Our office will diligently gather all of the documentation,
make a determination, and file the appropriate documents on
your behalf. It is not a responsibility that should be given
to one who is not well versed in the laws that govern estate
and trusts.
Free Consultation -- Do I have a case?
Any information that you provide is confidential. Our office
will only use this information to determine the viability of a
claim on your behalf.
There is no charge or obligation, and any consultation is
free. A member of our legal group will review this information
and respond immediately.
You can always contact us directly at 1-248-366-5000. Our
phones answer 24 hours a day, 7 days a week.
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