Probate Law

A trusted Macomb County Probate attorney from SSR Law Offices will help ease your tasks in probating an estate after a loved one passes away.

What is Probate Law?

Probate Law is the specialty area of law that deals with the disposition of a person’s estate after they have passed away. When a loved one passes away, it is always a difficult and trying time for the survivors. Whether dealing with your own Estate Plan or dealing with the loss of a family member and the affairs of their estate, the whole process can seem overwhelming. Finding a trusted Probate Lawyer can be beneficial to help ease the task of probating an estate after a loved one passes away.

The amount of paperwork involved in probating an estate can be daunting and thinking about assets and their eventual distribution can seem an impossible task to a non-estate planning professional. For these and many other reasons, seeking the help of an estate planning professional can make the process much smoother. Schock Solaiman Ramdayal, PLLC, has the experienced professionals to help you deal with the difficult process of wrapping up the affairs of a loved one.

Types of Probate

There are several different types of probate, which vary depending on various circumstances such as the value of the assets, debt and claims against the estate, the existence of a will or the specific type of family situation that exists. SSR Law Offices can help you decide which type of probate is best for you and then guide you through the legal requirements of the entire probate process.

While Probate laws vary from state to state, Michigan has enacted very specific probate procedures. In Michigan, probates come under the jurisdiction of the probate courts, which are typically aligned along county lines. A petition to probate a will or administer an estate should be filed in the county in which the deceased person resided at the time of death.

Michigan’s Estates and Protected Individuals Code (“EPIC”) was enacted in April, 2000 and sets out three specific types of probate procedures for distributing assets from a deceased person’s estates. These three probate types are: Informal, Formal and Supervised.

  • Informal Proceedings are proceedings for the probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons.
  • Formal Proceedings are for the probate of a will or appointment of a personal representative conducted before a judge with notice to interested persons.
  • Supervised administration is a single proceeding to secure complete administration and settlement of a decedent’s estate under the courts continuing authority that extends until entry of an order approving estate distribution and discharging the personal representative or other order terminating the proceeding.

In Macomb County, or anywhere in Southeast Michigan, Contact our skilled probate attorneys today for questions regarding your own estate or the estate of a loved one.

Guardianship and Conservatorship:

All families must eventually confront issues about the future of vulnerable loved ones. Parents must consider their preferences for a minor child’s care as part of the estate planning process, and similarly adult children may be confronting an aging parent’s inability to make medical or care decisions, handle their financial affairs or simply manage their household.

The probate court has tools to deal with loved ones who, for various reasons, are unable to make medical or financial decisions. The appointment of a guardian or conservator provides legal authority to act and make decisions on another person’s behalf. A guardianship or conservatorship can help provide the family relief for circumstances such as a slowly developing illness, the aftermath of major surgery, a debilitating accident or various other conditions.

Guardianship and conservatorship are very serious legal steps that receive close scrutiny from Michigan probate courts because they take away an individual’s rights and freedom. The Constitution of the United States of America protects individual rights and freedom; therefore, it is helpful if the person to be protected can participate in the decision, particularly if he or she has not already detailed relevant wishes in an estate plan.

Differences Between Conservators and Guardians

The concept of guardianship is well understood by most people. If a person is a minor or deemed incapacitated in court, a legal guardian can be appointed to take care of their affairs, such as medical and residency decisions. A person subject to a guardianship in Michigan is referred to as a “legally incapacitated individual.” In general, guardians are concerned with the person and their well-being.

A conservator is empowered to handle an individual’s financial matters and make decisions about property and assets owned by a minor or incapacitated person. A person subject to a conservatorship in Michigan is referred to as a “legally protected individual.”

Either or both legal powers can be established with respect to a given individual, and the same person can handle both roles. Particularly if significant assets are involved, a family member is often chosen as the guardian while conservatorship is granted to an attorney or other trusted professional.

In either case, the legal appointment may be permanent and is subject to yearly review by the Michigan probate court. For situations involving temporary incapacity or a lack of legal incapacity, various powers of attorney typically will better serve a family’s needs; however, the option for a guardian or conservator still exists and might even be appropriate in some instances.

Contact an Experienced Macomb County Probate Attorney

Schock Solaiman Ramdayal, PLLC believes that practicing law is a privilege — one that allows us to empower our clients to get the results they deserve. Contact us for your free consultation to discuss your situation and needs. We work with you to determine your options and maximize your results. Call 586-239-0871 or contact us online to schedule your appointment today.