313.586-4444
313.586.4444
Probate & Trust Administration
The death of a loved one is a difficult and trying time. Often adding to your grief is the task of administering his or her estate.
If your loved one had assets or property titled to him or her at the time of death (i.e. not in a trust or other entity), you will need to go through the process known as probate. Contrary to popular belief, this will need to be done even if he or she had a will.
Probate
Probate proceedings include admitting the will (if any), seeking the appointment of a personal representative (often referred to as an “executor”), and then carrying out the various administrative and legal tasks required to administer his or her assets, such as conveying accounts and properties, and preparing inventories and accountings for filing with the court. There are also strict requirements to provide proper notice of these proceedings to the decedent’s heirs.
Trust Administration
If your loved one had a trust, while you may be able to avoid probate, you may nonetheless run into complications administering the trust, including interpreting its terms, exercising discretion you are given under the trust, providing required notice(s) to beneficiaries, and properly accounting to beneficiaries as required under the trust and Michigan law. It is also not uncommon to receive demands (both reasonable and unreasonable) for information and challenges from trust beneficiaries concerning the manner in which you are carrying out the administration. In these circumstances, you will want to seek legal guidance on your obligations and duties to be fully compliant with the law and the terms of the trust.