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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

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

In the last part of our miniseries on opening a probate estate, we will discuss the basics of opening an estate using a “formal” procedure and will include a brief discussion of what supervised estates are. Formal Procedure for Opening an Estate When used in probate court jargon, “Formal” is a bit of a misnomer 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

Appoint a Guardian for your Child

Do you have minor children? Do you have legal documents that plan for your children if something happens to you and your spouse? You can use the attached form if you do not have any estate planning documents and would like to appoint a guardian for your minor children if you have not done so 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

I have a will so now what?

You either went to an attorney or legalzoom.com, perhaps even Suzie Orman, and you purchased and executed a will. So what does that mean? Assuming the will was properly executed and is a valid and enforceable instrument, then let’s consider the following effects of having a will after your death. The Effects of a Will 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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