Probate Law in Lansing, MI
What Is a Probate Law?
A probate is a legal process that determines the validity and administration of a last will. When an individual leaves behind assets, the court appoints an executor (if one is not named in the will). In either case, the appointed official collects all remaining assets, pays off any remaining liabilities, and disperses the remaining assets to beneficiaries listed in the will or to beneficiaries designated by the executor (if no will is present), all according to Lansing, Michigan probate law.
How Does Lansing, Michigan Probate Law and the Probate Process Work?
Locating the Will
The first step is determining whether a will even exists. In most cases, the decedent leaves clear direction regarding the location of the last will and testament or files one with a primary attorney. However, sometimes people have to go digging for one. In other cases, there is no will and the Lansing court-appointed executor must handle all assets.
It is also possible that the deceased created a living trust instead. A living trust is a document that places all assets into a trust and that transfers to a designated trustee upon death. Living trusts do not require any probation or courts. For this reason, many parties elect to go this route for the sake of convenience and avoiding drawn-out Lansing, MI court battles.
The Ingham County Probate Court has the authority to adjudicate probate disputes in Lansing. They can also rule on other concerns like conservatorships or guardianships for relatives. Depending on your relationship to the case, you may have to make several trips here for hearings.
Notifying the Court
The next step is to notify the court to open the estate. If there is a named executor, they typically handle this process. Otherwise, the , probate court clerk can assist with filing the necessary paperwork.
Once the court is notified, a hearing is scheduled to officially appoint the executor. This appointment grants the executor the legal authority to manage the estate and carry out the terms of the will.
If there is no will or designated executor, the court will appoint one. The selection process varies by state, but the surviving spouse is usually given priority. If there is no spouse, adult children, parents, or siblings are typically considered next.
Consolidating Assets
The executor must identify the decedent’s remaining assets. To do this, she or he reviews any related banking or financial documents and any other personal documents that could lead them toward recovering assets. Some examples of documents to collect are insurance records, titles, stock portfolios, and tax returns or filings.
To freeze and later close accounts, the executor must notify any financial institutions with outstanding accounts of the individual’s death in Lansing. If there are any physical valuables in the decedent’s property, it is not uncommon for the executor to collect these items to prevent theft or damage.
The executor then determines the valuation of each item of the estate. This can be a lengthy process depending on the ease of locating all assets, including real estate, stocks, bonds, etc. Notifying creditors is the next step.
Notifying Creditors
Generally, the executor notifies creditors associated with the estate so they can claim if they have outstanding balances. Creditors have a specific time frame in which to file a claim, and this window can vary depending on state law.
The personal representative during probate has a responsibility to publish a notice to creditors. Lenders and others can submit their claims for up to 4 months, or they become barred from receiving compensation for debts. Under current legislation, an executor in Lansing has to respond to these inquiries within 28 days of receiving them.
Squaring Away Final Payments
The executor pays any funeral expenses (unless the family covers them) and any debts or taxes from the estate. The executor determines which creditor claims are accurate. From there, the executor squares away any outstanding debts to clear the estate of all obligations before being dispersed according to the will.
Proceeding With the Court
After valuing all the decedent’s assets and paying all outstanding debts, the executor submits a report detailing all estate spending to the Lansing, Michigan courts. At this point, a judge reviews the materials. Assuming everything was done correctly, they render a decision to clear the executor to move forward with the final step.
Executing the Last Will and Testament
At this point, the executor disperses the assets to the designated beneficiaries laid out in the will. Depending on how detailed the will is, this could either be a simple process or it may divide the remaining family. A Lansing probate law attorney can help you or a loved one avoid these costly mistakes and counsel you on the best course in the event of a family estate battle.
The execution of a will in Lansing begins with filing the testament with the court. Depending on the estate’s value, the Michigan Legislature voted to allow the submission of an affidavit to close a decedent’s estate. After this occurs, an executor can distribute assets as prescribed by the law or a testament. If formal probate begins, an inventory of the estate and settling debts with financial institutions follows. Afterward, the court issues letters of testamentary as the final word on who receives assets.
If there is no last will, the executor assigns beneficiaries by Michigan state laws. Generally speaking, the surviving spouse is first in line to receive any remaining assets. After that, the decedent’s children come next. Any surviving siblings would be next. From there, the executor works down through the surviving family based on their direct relationship.
Is Probate Law Necessary?
No. There are alternatives to probating a will, but this depends on the circumstances surrounding the decedent. For example, the deceased may have established a living trust that circumvents the probate process. The individual may have not owned any assets, thus simplifying the Michigan process.
Probate codes under Michigan law say that estates worth less than $15,000 do not have to go through formal probate. However, the Department of Treasury adjusts this amount for inflation each year. For example, an estate worth less than $24,000 in Lansing can close with the submission of a simple affidavit as of 2020.
What Are the Differences Between a Living Trust and a Will?
Living trusts are a way to avoid probation. However, this is one of the primary differences between a living trust and a will. Another main difference is that a living trust is only as good as the assets therein. This means that if you pass away without funding the trust with your assets, it is practically worthless. On the other hand, you do not have to fund a will, as you merely choose where to transfer your assets upon your death.
Setting up where your assets go after you die is an important decision. This is why you should consult with a Lansing probate law attorney to make the correct decision.
Work With an Experienced Local Probate Law Attorney in Lansing, Michigan
Probate law attorneys assist with valuing your total assets and can provide insight into what the best move would be for you. Are you in need of a Lansing probate law attorney who can help you and preserve the future of your family? We can even help you connect with an attorney across Michigan state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced probate law lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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