Macomb County Probate

Probate

Probate is the legal process for handling a person’s debts and assets after the person has died. Michigan’s probate laws are designed to ensure that creditors receive payment for the deceased person’s debts and that the person’s assets are passed on to their heirs or beneficiaries, according to their wishes.

Wills and trusts are legal resources that can help you maintain some control over how your assets are distributed after you pass on. But oftentimes, even when a will or trust exists, conflicts arise among family members after a loved one dies. Probate proceedings can result in many types of disputes, including:

• Contested wills and trusts,
• Construction (interpretation) of a will or trust,
• Claims against an estate for debts of, or services rendered to the decedent,
• Disputes regarding joint tenancies,
• Division of personal property,
• Retrieval of assets by the estate from individuals who received them improperly,
• Accusations or suspicions of undue influence or other forms of fraud
• and numerous other issues.

We do not look for contests, but they often arise. We try to settle those contests to our clients’ satisfaction, but we will fight if necessary. Not all probate attorneys handle litigation proceedings, WE DO.

The Basics of Probate

The probate process begins with the filing of a petition to open the estate. The court will then name a personal representative to oversee the probate process. If they created a will and named a personal representative in advance, courts will nearly always select this person unless there is a compelling reason against it.

Next, a Notice of Creditors must be printed in a local newspaper, and a Notice of Administration is sent to any other relevant parties. These notices give creditors a specific amount of time to make claims against the estate and have them paid. Once any remaining assets are distributed, a petition is filed to discharge or close the estate.

This summary might make it sound simple, but probate can be an incredibly complex legal process, even when there aren’t disputes. Working with an experienced probate attorney can help you avoid costly delays and additional expenses.

We Guide You Through the Michigan Probate Process

Dealing with the legal aspects of end-of-life issues can be tough but know that you don’t have to face it alone. At Aiello & Associates, our attorneys have spent many years helping families like yours navigate estate planning and probate matters, and we’d be honored to help you, too. Call us today to learn more and request a free consultation.