Avoiding Probate

Ask Your Attorney About Avoiding Probate

Do you want to avoid probate? Have you thought about the effect of lifetime probate, should you suffer from a stroke or dementia? Do you know whether avoiding probate is possible under Michigan law? Attorney Tull will help explain your options so that you can choose what is best for your situation.

Avoiding probate is not always an economical measure

You can avoid probate. Attorney Tull can advise you in ways to title your assets and qualified plans as so as to avoid probate, but that is not always the best option.

Should you avoid probate?

In Michigan, the process of probate has been simplified. If the proper estate planning tools are in place, an attorney does not have to be as involved. Probate does not have to be as expensive as you may have heard.

Depending on your situation, you might want your estate to go through probate. Your assets may not be large enough to warrant an investment in a trust, Lady Bird deed or other instruments that bypass probate. The probate court supervises the administration of an estate — your personal representative (executor/executress) will be required to submit an accounting to the court. One simple step you can take is to update your beneficiary designations on your life insurance policies.

Using a trust to avoid federal estate tax

Depending on the size of your estate, you and, if you are married, your spouse may be subject to the payment of a federal estate tax (the size of the exemption changes frequently). If so, a trust might be a good asset protection strategy. At Douglas A. Tull, P.C. Attorneys at Law, attorney Tull not only advises his clients and drafts their trusts, but also oversees the funding of the trusts and retitling of real estate — a process often overlooked.

Avoiding lifetime probate

If you become incapacitated, the probate court will appoint a conservator or guardian to make decisions on your behalf. Guardianships and conservatorships can be very expensive and the cost will come out of your estate. You may avoid this lifetime probate expense by having a durable power of attorney (POA) and patient advocate designation (living will) in place.

Postdeath probate avoidance

The cost of probate after death can be minimized or avoided, preserving your assets for your heirs. If you would like speak with an attorney about estate planning to avoid probate or have any other questions, please call toll-free, 1-866-TULL-LAW (885-5529), or e-mail our firm.

Doug will consult with you, analyze your estate, recommend and prepare an estate plan to address your personal concerns and needs. We also handle probate and estate administration.

Our office building is conveniently located in the heart of Utica, Michigan, at the southwest corner of Hall Road (M-59) and Van Dyke Avenue. (Map and directions) Evening or weekend hours are available by appointment. Home visits are available for the elderly and those with special needs. Credit cards accepted.