Bloomfield Hills Estate Planning Attorney

Michigan Estate Planning Attorney Helping Men Plan for the Future

Estate planning is the process of devising a plan that protects you, your assets, and your family’s future and helps answer complicated questions when you are unable to do so yourself. When many people think of estate planning, they think about wills, and that is usually enough for them to put off planning for the future. A common misconception is that only the elderly or ill need a will.

In reality, estate plans can benefit anyone from all walks of life at just about any time. Do you have a plan in place to take care of your minor children should something happen to you? Does your family know how you would like your assets distributed after you are gone? Who will make important medical decisions for you if you’re unable to make them yourself?

Find out more about probate and estate planning and how the American Divorce Association for Men can help you create a comprehensive plan. Call 248-290-6675 to schedule a free consultation with our team today.

What Should Be In a Comprehensive Estate Plan?

A sound Michigan estate plan organizes how assets are managed during incapacity, how property transfers at death, and how the probate process in Oakland County is handled if court oversight is needed. It should also guide healthcare decisions and outline tax planning so loved ones have clear direction.

• Last Will and Testament — names a personal representative and outlines who receives estate assets.
• Revocable Living Trust — holds property during your life, can avoid probate, and provides instructions for trust administration by a trustee.
• Pour-Over Will — directs any stray assets into the trust at death.
• Durable Power of Attorney — authorizes a trusted agent to handle financial matters if you cannot.
• Advance Directives — documents a patient’s advocate for healthcare decisions and includes necessary medical releases, and outlines specific life-extending measures you are and are not comfortable with receiving.
• Beneficiary Designations — coordinates life insurance and retirement accounts so transfers match the estate plan.
• Real Property Planning — aligns deeds and titling with the overall strategy under Michigan probate rules.
• Estate Taxes and Income Taxes — addresses potential estate taxes and ongoing tax effects on beneficiaries and attempts to minimize their impact on the estate.
• Business Succession Terms — covers ownership and management if business matters outlive the owner.
• Charitable Remainder or Other Trusts — structures gifts while balancing family needs.
• Long-Term Care and Medicaid Planning — anticipates nursing home costs and eligibility issues and forms plans that prevent long-term care from draining your savings.
• Letters of Instruction — provides practical details for assets, accounts, and digital access.

These legal documents work together to protect your family’s future and carry out your wishes. A comprehensive plan should consist of one or more of these legal documents, and playing the “wait and see” game can leave you and your family exposed to many of life’s uncertainties.

What Is Probate?

Probate is the court-supervised transfer of a person’s property after death. The process confirms a will, appoints a personal representative, gathers and values assets, pays valid debts and taxes, and distributes what remains to the people entitled to receive it. Example: a Bloomfield Hills homeowner dies with the house and bank accounts titled only in their name and no trust in place. To sell the home or release funds, an estate administration must be opened in the Oakland County Probate Court so a representative can be appointed and have legal authority to act in the probate case.

Steps in the Michigan Probate Process

1. Open the estate – File the initial petition or application in the county where the decedent lived; the court appoints a personal representative and issues Letters of Authority.
2. Notify interested persons and creditors – Provide notice to heirs and devisees, and publish notice so creditors can file claims within the statutory window.
3. Inventory assets – Identify and value probate property and file the inventory by the required deadline.
4. Safeguard and manage – Secure real estate, maintain insurance, collect income, and handle necessary legal documents tied to the estate.
5. Pay obligations – Review claims, pay valid debts, and taxes in the correct order of priority.
6. Account and distribute – Prepare an accounting, then distribute according to the will or, if none, Michigan law of intestacy.
7. Close the estate – File closing papers and receipts; the court terminates the personal representative’s authority.

Dying Without a Will

Dying without a will is called intestacy. In Michigan, that means state law decides who inherits your assets, not you. A judge opens a probate case, appoints a personal representative, and distributes property by statute. The court also decides who cares for minor children if no guardian is legally named. Non-married partners do not inherit under intestacy. Blended families face split shares between a surviving spouse and children from prior relationships, which can force sales of a house or business to raise cash for payouts. Creditors get a turn before heirs, and disagreements among relatives can stall the estate for months.

A few examples of the impact of dying intestate include the following:

Example one: a homeowner dies, the title is in only one name, and there is no will. The court must authorize the sale before anyone can access equity; heirs can tell a live-in partner to leave.

Example two: a second marriage with children from an earlier relationship. Statutory shares divide the estate, and the family home may be sold to equalize interests.

Example three: parents of young children pass without naming a guardian. Competing petitions trigger a court fight, evaluations, and delays while the judge decides who will raise the children.

Can Probate Be Avoided?

Often, yes. In Michigan, many assets can pass outside the court file when ownership and instructions are set up correctly before death. The core idea is to move property by contract or by trust terms so loved ones are not waiting on an estate administration in Oakland County.

Some ways to avoid probate include:

• Revocable living trust – A funded trust names a successor trustee to manage and distribute assets under written instructions. Funding matters; deeds, accounts, and valuables must be retitled to the trust for the plan to work.
• Lady Bird deed – This Michigan tool transfers a home to named beneficiaries at death while the owner keeps full control during life. It can bypass probate on the residence when drafted and recorded properly.
• Beneficiary designations – Payable-on-death and transfer-on-death forms move bank, brokerage, retirement accounts, and life insurance directly to named recipients. Regular reviews prevent conflicts with the trust or will.
• Joint ownership with survivorship – Title can pass automatically to the surviving owner. Use with care to avoid unintended gifts or creditor problems.
• Business succession – Buy-sell terms and transfer provisions in company documents allow an orderly handoff without a court petition.
• Maintenance and elder law coordination – A legal team should revisit titling after major life changes and align long-term care or Medicaid planning with non-probate transfers so the overall structure remains sound.

What Is a Trust?

A trust is a written arrangement that lets one person transfer property to another person to manage for the benefit of named recipients. The written terms control how money, real estate, or business interests are handled during life and after death. In Michigan, families use trusts to keep management continuous during incapacity, streamline transfers that might otherwise require probate, and coordinate titles across real estate and business law issues.

Parts of a trust include:

• Settlor — also called grantor or trustor, the person who creates the trust and places assets into it through funding.
• Trustee — the person or institution that holds legal title to trust property and carries out the instructions in the trust instrument.
• Successor trustee — the next trustee named to step in if the first trustee cannot serve, ensuring management continues.
• Beneficiary — the person or people the trust is designed to benefit, such as a surviving spouse, children, extended relatives, friends, or a charity.
• Trust instrument — the signed document that states the rules, including how and when distributions occur and what powers the trustee has.
• Trust property — the assets that have been transferred into the trust.
• Specialized trusts — examples include revocable living trusts and charitable remainder trusts, each used for different goals.

What is trust funding, and why do plans fail when assets are not retitled?

Trust funding means transferring assets to a trust or aligning them with it so the document’s instructions actually control. That work includes retitling bank and brokerage accounts to the trustee, recording new deeds for real property, assigning business interests, and updating beneficiary designations on life insurance and retirement plans.

Plans fail when titles or designations stay unchanged. A home left in one person’s name, an account opened after the trust, or an outdated beneficiary can send property through probate or to the wrong recipient. A pour-over will may capture leftovers, but it does so by first using probate.

To complete funding, verify every title, record deeds, coordinate new and refinanced accounts, assign personal property, and match designations to the trust’s instructions for minors or blended families. Law offices handle the deeds and assignments, and elder law attorneys often coordinate funding with long-term care rules, so this legal matter stays consistent across related legal issues.

What Is an Advance Directive?

An advance directive is a written instruction that explains your medical choices if you cannot speak for yourself. In Michigan, it usually includes a patient advocate designation that names someone you trust to make healthcare decisions, along with clear guidance about treatments you would accept or refuse. It can address life-sustaining measures, pain control, and end-of-life care. A HIPAA release is often included so your advocate can access records and speak with providers. The document takes effect when you are unable to decide, can be revoked, and should be shared with family and your physicians.

What Is a Durable Power of Attorney and What Authority Should It Include?

A durable power of attorney is a written authorization that lets you name an agent (attorney-in-fact) to manage finances if you become unable to act. “Durable” means the authority continues during incapacity and ends at death. It can take effect immediately or only upon a stated trigger, such as a doctor’s written finding. Typical powers cover banking and investments, real estate dealings, taxes and insurance, retirement plans, business operations, and access to digital assets and records. Gift authority or beneficiary changes must be spelled out if desired. The document should also name a successor agent and state how revocation will occur.

Are You Ready to Protect What You’ve Built?

Men come to our law firm for focused estate planning that puts family and assets first. Our experienced attorney team offers clear legal options, tailored documents, and practical coordination so your wishes are carried out without drama. We deliver strong legal representation with a personalized approach that fits how you live today and how you want your future managed.

From Bloomfield Hills to Farmington Hills, our firm has years of experience guiding clients through wills, trusts, and updates after major life changes, all to reduce stress and provide peace of mind. When business interests are part of the picture, we coordinate with a business attorney so succession terms work in practice. If disputes arise, our litigation mindset helps keep matters on track.

Talk with the American Divorce Association for Men’s legal team about a plan that reflects your goals and the people who rely on you. Call 248-290-6675 to get started with a free consultation. Don’t leave your family’s future up to chance.