Understanding the Role of a Personal Representative in Michigan Probate Cases

When someone passes away in Michigan, the personal representative (also known as an executor) becomes the point person for settling the estate. But what exactly does this role entail—and who gets to take it on?

A personal representative is responsible for managing the deceased’s estate: identifying and securing assets, paying debts, and distributing property to heirs or beneficiaries. This individual is appointed by the probate court, and Michigan law follows a clear order of priority for who gets the job—starting with the person named in the will, followed by the surviving spouse and other beneficiaries.

 

To learn more about who gets to be a personal representative, read our full article on our website.

 

Whether you’re preparing your estate plan or navigating the probate process after a loved one’s death, an experienced estate planning attorney in Ann Arbor can help guide you through the legal steps, minimize family conflict, and ensure the estate is properly administered.

 

Need guidance with Michigan probate? Contact the trusted attorneys at Pear Sperling Eggan & Daniels, P.C.

Setting Up Powers of Attorney for Your College Student

The beauty of POAs is that they are highly customizable. Whether you want broad access to help your child manage finances or a narrowly tailored healthcare directive for emergencies only, a trusted estate planning attorney can craft the right solution.

Working with an attorney ensures your child’s POAs comply with Michigan law and reflect their wishes—while still giving you the ability to act quickly in a crisis. At Pear Sperling Eggan & Daniels, P.C., we’ve helped many families prepare for this important transition with clear, respectful, and efficient legal guidance.

Learn more about how Power of Attorneys can safeguard your child’s well-being here.

🗓️ Before move-in day arrives, contact our estate planning attorneys to schedule a consultation. We’ll help you get the right legal protections in place so your child is ready for anything.

📞 Call (734) 665-4441 or contact us online.

Why Your College-Bound Child Needs Powers of Attorney

Is your child heading off to college this fall? This exciting chapter brings new independence and responsibility—but it also means you, as a parent, no longer have the legal authority to make decisions on their behalf. Once your child turns 18, they are legally in charge of their medical and financial matters—even if they still rely on your guidance.

That’s where Powers of Attorney (POAs) come in. These legal documents allow your child to designate someone they trust—often a parent—to make medical or financial decisions if they’re unable to do so.

A Medical Power of Attorney ensures that, in the event of a health emergency, you’ll be able to step in and make decisions about their care. A Financial Power of Attorney lets you manage banking, bills, or resolve landlord disputes if your child needs help.

It’s a simple but powerful way to offer peace of mind—for you and your child.

Learn more about how Power of Attorneys can safeguard your child’s well-being here.

🗓️ Before move-in day arrives, contact our estate planning attorneys to schedule a consultation. We’ll help you get the right legal protections in place so your child is ready for anything.

📞 Call (734) 665-4441 or  contact us online.

What Happens if a Beneficiary Passes Away Before You Do?

When planning your will, it’s easy to assume that everything will go exactly as written. But life is unpredictable—and sometimes, a named beneficiary may pass away before the will-maker does. This is what’s known as a lapse in estate law.

A lapsed gift typically fails unless an alternate beneficiary is named in the will. However, under Michigan’s Section 46, if the deceased beneficiary was a sibling or direct descendant, their own descendants might still be entitled to the gift.

Learn more about understanding lapse and ademption in estate planning here.

To ensure your wishes are carried out clearly and without confusion, it's essential to review your estate plan regularly and include contingency plans. Questions about your current will? Contact our estate attorneys in Ann Arbor at (734) 665-4441 for personalized guidance.

Is a Ladybird Deed the Right Choice for You?

Probate avoidance sounds appealing, and the Ladybird Deed seems like an easy way to achieve it. Before you jump on this bandwagon, consider the potential pitfalls.

This type of deed can create unexpected complications, especially for families with multiple children. Co-ownership can lead to disagreements, disputes, and potentially expensive legal battles.

At Pear Sperling Eggan & Daniels, P.C., we understand the importance of thoughtful estate planning. We can help you explore all your options, including the Ladybird Deed, and guide you towards the best solution for your unique family circumstances.

Don't let a seemingly simple solution create unintended consequences. Contact us today for a consultation and ensure a smooth and harmonious transition of your assets to the next generation.

Learn more about the unintended consequences of DIY Ladybird deeds here.

Contact an Estate Planning Attorney in Ann Arbor to Help You!

Regardless of your stage in life, consult an estate planning attorney in Ann Arbor to create your estate plan with a will and a trust. With the help of an experienced estate planning attorney at Pear Sperling Eggan & Daniels, P.C, you can rest assured that your assets will be easily located, managed, and passed to your loved ones.

The Ladybird Deed: A DIY Estate Planning Danger

If you’re talking to a friend and they tell you they have a way you can transfer your house to your kids when you die and avoid probate, that sounds pretty good, right? They’ll tell you it’s simple, all you need to do is go online and search for Ladybird Deed. While a Ladybird Deed might seem like a straightforward solution, DIYing it can have serious unintended consequences.

Think about it: if you have multiple children, a Ladybird Deed makes them co-owners. This 'ownership by committee' can quickly turn into a nightmare. Imagine constant disagreements about maintenance, sales, and even who gets to live in the house. Resolving these conflicts often leads to costly and emotionally draining litigation.

Don't let your desire to save a little money now jeopardize your children's future. Consult with a qualified estate planning attorney in Ann Arbor to explore all your options and ensure a smooth and harmonious transition of your assets.

 

Learn more about the unintended consequences of DIY Ladybird deeds here.

 

Contact an Estate Planning Attorney in Ann Arbor to Help You!

Regardless of your stage in life, consult an estate planning attorney in Ann Arbor to create your estate plan with a will and a trust. With the help of an experienced estate planning attorney at Pear Sperling Eggan & Daniels, P.C, you can rest assured that your assets will be easily located, managed, and passed to your loved ones.

What is Estate Planning and Why Do You Need It?

Estate planning is a proactive process that involves creating legal documents to ensure your assets are distributed according to your wishes, both during your lifetime and after your passing. It's essential to have a comprehensive estate plan in place to protect your loved ones and minimize potential legal complications.

Key Goals of Estate Planning

·       Guardianship for Minor Children: Designate guardians to care for your children in case of incapacity or death.

·       Asset Protection: Safeguard your assets from creditors and ensure they are distributed as you intend.

·       Tax Minimization: Implement strategies to minimize estate taxes and other financial burdens.

·       Seamless Asset Transfer: Facilitate the smooth transfer of assets to your beneficiaries.

·       Privacy: Maintain privacy regarding your financial affairs and estate planning.

·       Digital Asset Management: Address the distribution of your digital assets, such as social media accounts and online documents.

Why You Need an Estate Plan

Without a proper estate plan, the state will determine how your assets are distributed, which may not align with your wishes. This can lead to disputes among family members, unnecessary legal fees, and delays in the distribution process.

Key Components of an Estate Plan 

A comprehensive estate plan typically includes:

·       Will: A legal document that outlines your wishes for the distribution of your assets.

·       Trust: A legal entity that holds assets for the benefit of beneficiaries.

·       Power of Attorney: A legal document that authorizes someone to act on your behalf.

·       Healthcare Power of Attorney: A legal document that authorizes someone to make healthcare decisions on your behalf.

·       Living Will: A legal document that outlines your wishes for end-of-life care.

The Role of an Estate Planning Attorney 

An experienced estate planning attorney can help you create a tailored estate plan that meets your specific needs. They can advise you on complex legal and tax issues, draft essential documents, and ensure your plan is legally sound and up-to-date.

Learn more about our comprehensive estate planning and probate services here.

Don't Delay, Plan Ahead 

When you take the time to create a comprehensive estate plan, you can provide peace of mind for yourself and your loved ones. With the help of an experienced estate planning attorney at Pear Sperling Eggan & Daniels, P.C, you can rest assured that your assets will be easily located, managed, and passed to your loved ones.

Navigating the Probate Process: A Step-by-Step Guide

What is Probate?

Probate is the legal process of administering a deceased person's estate. It involves identifying assets, paying debts, and distributing remaining assets to beneficiaries.

Why Do I Need Probate?

If you die without a valid will or trust, your estate will go through probate. Even if you have a will or trust, some assets may still need to be probated.

The Probate Process

The probate process typically involves the following steps:

1. Appointing a Personal Representative: A personal representative is appointed to oversee the estate.
2. Asset Inventory: All assets are identified and valued.
3. Debt Payment: Debts are paid from the estate's assets.
4. Tax Filing: Taxes are filed on behalf of the deceased.
5. Asset Distribution: Remaining assets are distributed to beneficiaries.

How Can Our Firm Help?

Our firm can help you navigate the probate process efficiently and minimize stress. We can:

• Guide you through the legal procedures
• Prepare necessary paperwork
• Represent you in court if needed
• Manage the sale of assets
• Distribute assets to beneficiaries

Learn more about our comprehensive estate planning and probate services here.

 

Contact an Estate Planning Attorney in Ann Arbor to Help You!

Regardless of your stage in life, consult an estate planning attorney in Ann Arbor to create your estate plan with a will and a trust. With the help of an experienced estate planning attorney at Pear Sperling Eggan & Daniels, P.C, you can rest assured that your assets will be easily located, managed, and passed to your loved ones.

Understanding Trust Administration: A Comprehensive Guide

What is Trust Administration?

Trust administration is the process of managing and distributing assets held in a trust. A trustee, appointed by the trust's creator, oversees the trust's assets and ensures they are distributed according to the terms outlined in the trust document.

How Does Trust Administration Work with Our Firm?

Our firm is dedicated to providing comprehensive trust administration services. We will guide you through the entire process, starting with an initial consultation to discuss your specific needs. We will:

• Review your trust documents
• Identify and secure trust assets
• Manage and invest trust assets
• Pay taxes and other expenses
• Distribute assets to beneficiaries

Key Benefits of Trust Administration

• Asset Protection: Trusts can protect assets from creditors, lawsuits, and taxes.
• Privacy: Trust assets are generally kept private, unlike probate assets.
• Control: You can maintain control over your assets even after your passing.
• Flexibility: Trusts offer flexibility in terms of distribution and management.

Learn more about our comprehensive estate planning and probate services here.

Contact an Estate Planning Attorney in Ann Arbor to Help You!

If you have questions about trust administration or need assistance with your trust, please contact our firm. We are here to help you ensure your wishes are carried out and your loved ones are protected.

Regardless of your stage in life, consult an estate planning attorney in Ann Arbor to create your estate plan with a will and a trust. With the help of an experienced estate planning attorney at Pear Sperling Eggan & Daniels, P.C, you can rest assured that your assets will be easily located, managed, and passed to your loved ones.

New Michigan Laws to the Rescue

Michigan has enacted new laws to streamline the probate process and make it easier to transfer assets outside of probate. These laws include:

• Increased Small Estate Affidavit Threshold: The amount of assets that can be transferred to heirs without formal probate has increased. This means that many smaller estates can now be settled more quickly and affordably.
• Simplified Vehicle Transfer: Michigan has simplified the process of transferring vehicles to heirs, making it easier to avoid probate for vehicle-related assets.

Protecting Your Legacy

To minimize the risk of probate and ensure a smooth estate settlement, consider these tips:

• Regularly Review Your Estate Plan: Schedule periodic reviews with your attorney to assess your estate plan and make necessary adjustments.
• Keep Accurate Records: Maintain detailed records of your assets, liabilities, and beneficiary designations.
• Work with an Experienced Attorney: An experienced estate planning attorney can help you create a comprehensive estate plan that minimizes the risk of probate and protects your legacy.

By understanding these common pitfalls and taking advantage of the new Michigan laws, you can help ensure a smoother and more efficient estate settlement process for your loved ones.

Learn more about the common pitfalls of probate here and how you can protect your assets here.

 

Get Started Today: Schedule Your Consultation

 

If you’re interested in learning more about estate planning, please contact an estate planning attorney in Ann Arbor at 734-665-4441.