Probate Law

Probate Law from Hunter Law Offices, PLLC

By: Hunter Law Offices, PLLC  06/20/2014
Keywords: Probate, Estate Lawyer, Probate Law

Clients often believe that probate court is something they want to avoid. The main belief that every client seems to have regarding probate court is that it is something to avoid. However, many people still find themselves facing a Probate Court proceeding regardless of their desire to avoid it. Clients often find themselves overwhelmed by probate court forms, paperwork and the probate process itself. Whether it is probating the estate of a deceased loved one or applying for or defending against a guardianship or conservatorship, our experienced attorney can make the process as smooth and simple as possible. If an individual dies and leaves assets that have not been taken care of in a way to avoid probate, then the deceased person’s assets have to go through the probate court process to have the assets transferred from the deceased person to the deceased individual’s heir(s) (people that are to inherit). An heir in a probate proceeding is determined either by the intestacy code (Michigan Law) or the deceased person’s will. Before distributions to the heirs are made however, any debts, taxes, and expenses have to be paid by the estate. Once these items are paid the remaining assets are distributed to the heirs. If you wish to learn how to have your estate avoid the probate process, our attorney would be happy to discuss this with you. When an adult individual is no longer able to handle their affairs due to a physical or mental impairment or disability, an individual may petition the probate court to have a guardian and/or a conservator appointed to handle the affairs of the incapacitated individual. A Guardian is an individual appointed by the court to handle the legal or day to day decisions of the incapacitated person. A Conservator is the person who handles the individual’s assets or money. Upon receiving a petition for guardianship or conservatorship, the judge will review all of the evidence, request testimony and medical examinations if necessary, and then appointment a Guardian and/or Conservator for the individual if it finds that the individual is the legally incapacitated and that the guardianship or conservatorship is necessary. A Guardian or Conservator is generally not necessary if the individual has executed a valid financial and medical power of attorney (if you do not have a medical and financial power of attorney feel free to discuss why it is important to have one with our attorney). If a Guardianship and/or Conservatorship is established by the court, the Guardian and/or Conservator is required to make a yearly report to the court regarding the decisions/actions they have taken in their role as Guardian or Conservator.

Keywords: Conservatorship Attorney, Conservatorship Lawyer, Estate Attorney, Estate Lawyer, Executor, Guardian, Guardianship Attorney, Guardianship Lawyer, Guaridanship, Probate, Probate Attorney, Probate Court Attorney, Probate Law, Probate Lawyer,

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