Probate and Trust Administration

Probate is the legal process by which a person's will is validated by the Probate Court. The provisions of the will dictate how the individual's debts are paid and assets are distributed upon death. Estate administration includes the probate process as well as non-probate transfers of the deceased's assets, such as life insurance, annuities, qualified plans, and trust assets and compliance with applicable estate tax requirements.

We will assist the personal representative of the estate in the gathering, valuation, accounting, and distribution of the decedent's assets. We will work with the personal representative's other professionals (i.e. CPAs and financial advisors) to facilitate the preparation of tax returns and the distribution of decedent's assets.  We will also prepare the appropriate documents to facilitate the transfer of a decedent's real estate. It is my responsibility to assure that all steps are properly taken in order to carry out the decedent's intent in accordance with the law. We will also provide ancillary probate services for out-of-state clients with property in Michigan.

POST MORTEM TRUST ADMINISTRATION

Estate settlement involving a revocable living trust is generally easier than going through the probate process -- in part, because it's faster.  Also, the successor trustee can access accounts immediately, which is more convenient than waiting for authorization from the probate court.  However, even with a trust, settlement includes many details and completion of all items including taking advantage of all tax benefits and maintaining detailed information to present to beneficiaries.  Professional help can expedite the trust termination process, insure that all tax benefits are utilized, minimize potential liability for the acting trustee(s), and help in maintaining records to share with beneficiaries.

We will assist clients with:

• Trustee notifications
• Notices to creditors
• Asset identification, inventory, and valuation
• Asset and liability allocation
• Transfer document preparation
• Management and preservation of all Trust assets
• Distribution and termination advisement

In addition, we will provide guidance and advice with respect to:
Sub-Trust Allocation and Funding

Trusts often contain provisions requiring that sub-trusts be formed at the death of the grantor for the benefit of surviving beneficiaries such as spouses or children.  We will provide guidance in order to identify, evaluate and determine proper sub-trust and beneficiary allocations and funding of assets. We will work with the Trustee to maximize all tax benefits and confirm distribution and funding per the terms of the Trust.

PROBATE AND TRUST LITIGATION

Estate Litigation

We will assist with a wide range of probate and trust disputes, including both Will and Trust contests, claims against the Estate or Trust, and civil or other lawsuits filed against or brought on behalf of the Decedent. Our litigation department has extensive experience in all aspects of advocacy and dispute resolution.

Modification of Trusts

In many cases, Trusts need to be modified because of changed circumstances not contemplated by the original Grantors. Although these trusts often state that they may not be modified, the Department has represented Trusts which have been successfully modified to conform to changes in law or fact with the approval of the court.

Claims Against Fiduciaries

One of the most frequently litigated areas relates to alleged fiduciary malfeasance. The Department has prosecuted and defended fiduciaries with regard to allegations that Executors, Administrators, and/or Trustees have failed to carry out their fiduciary duties. These duties have become increasingly complex, and compliance with the myriad duties is one of the Department's specialities.