Michigan Estate and Trust Attorney
Our probate attorney can help you navigate the legalities of estate and trust administration. We can help you properly administer the trust or estate, or help you supervise the conduct of a Trustee, executor or Personal Representative who is administering an estate or trust.
Will and Trust Administration
Administering a trust or Will can be daunting. This is particularly trust when you are also dealing with a death in your family. Dealing with both is often overwhelming for a trustee or executor. In addition, we recognize that the death of a family member often causes some very difficult family relationships. Our probate lawyer understands these dynamics, and can counsel you with regard to administering an estate or trust with skill and sensitivity.
Administering a Will
A Will is administered by a personal representative or executor. It is generally done with the assistance of the probate court. Administration of a Will estate can take several different forms. The complexity largely rests on the Will itself, or lack thereof. Sometimes the Wills which appear the most simple can be the most difficult to administer. Administering a Will can be informal and simple, or formal and complex. In a complex administration, there could be court supervision and you may be required to file of a significant number of documents with the probate court. In every administration, however, you must:
- Locate and value all estate assets
- Notify the proper parties of the Will or trust administration
- Prepare inventories
- Identify and handle creditors
- Analyze your options
- Transfer Will or trust assets to the proper beneficiaries
- Prepare and file tax returns
You must also assess your possible estate tax or inheritance tax, and, if available, analyze the opportunity to minimize such taxes.
Trust administration is different from probate in that a trust is usually set up to avoid some of the requirements and expense of probate court administration.
A trust is administered by a trustee or successor trustee. While probate court may be avoided by the use of a trust, there are still certain things that must be done in order to properly administer a trust following the death or incapacity of one who set up such trust. In addition to those requirements, trust administration can involve many legal challenges to the trust or administration of the trust.
These legal challenges often involve:
- Creation of the trust documents
- Transfer of assets to the trust beneficiaries
- Selection and suitability of trustee
- Assess inheritance taxes and estate taxes
- Reasonableness of the trustee’s actions
- Compensation of trustees and hired professionals
- Sufficiency of prior accountings
Michigan Will and Trust Lawyer
Our probate lawyer serves all of Metro Detroit, Ann Arbor and Southeastern Michigan. He can advise you on probating a Will or administering a trust.
We offer free consultations and flexible appointments to meet your needs, including weekends and after hours appointments.
We will even come to you!
To learn more about your options, call our Michigan lawyer at (248) 773-5555.