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Should I get a will or trust or both?

Should I get a will or trust or both?

Should I get a will or a trust? Its an age old question, and like any good legal question, all it does is lead to more questions. However, the simple answer is that in most cases you should have both. The three main purposes for having a trust are, in no order of importance, 1.) Read More

Planning for families with minor children

If you are a family with minor children, then it is important you have an enforceable will or writing to appoint a guardian and conservator in case something happens to both parents. “Something happens” can mean both parents die or become incapacitated at the same time and are rendered unable to make legal decisions on Read More

Understanding Probate: Is my will a public document?

Is my will a public document? The answer to this question is “yes” and “no”. For guidance we will look to MCL 700.2515: Deposit of will with court in testator’s lifetime. First, one is not required to deposit a will with a court. One might keep their will in a safe deposit box, with an Read More

How do I open a Probate estate? Miniseries part 2/3

Miniseries part 1/3 discussed the basics of testate and intestate estates and some of the basics of unsupervised estates. In summary, if one dies without a valid will, trust or other instrument then one dies “Intestate” in the eyes of the law. Intestate comes from the Latin word “intestato” derived from ancient Roman law meaning Read More

How do I open a probate estate? Miniseries part 1/3

In the previous four parts of this series, we discussed the basic differences between having a will and not having a will. In this discussion, we will see how the end result takes shape in the form of opening a probate estate in a three part mini series on the matter. There are two forms Read More

The Difference Between Having a Will and Not Having a Will

In the third part of our Understanding Probate series, I will discuss the basic differences between having a will and not having a will. If someone dies without a will, trust, or other testamentary instrument, then they are said to die intestate. MCL 700.2101.  If someone dies and one wants to know if someone had Read More

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