Estate Planning

Our attorneys listen to you and help you create an estate plan that is centered on the people most important to you: your family. We take the time to listen to your concerns, answer your questions, and develop a strategy to protect your assets and create a legacy. Your most important goals are to protect your assets, obtain peace of mind, avoid probate if possible, and minimize tax liability. Whether it is through wills, a revocable living trust, irrevocable trust, durable powers of attorney, patient advocates or health care documents, our attorneys have the technical knowledge and expertise to help you create a plan that meets and exceeds your goals.

We provide you with the personalized attention you desire, knowing that your project is unique and requires a unique solution. One of our attorneys that specialize in estate planning will meet with you personally and invest time in understanding you and your family, your objectives, and the people who you will rely on to help you carry out your plan. Your project will not be handed off to one of our staff members or law clerks. After meeting with you, our attorney that you met with will draft the estate plan and create the documents tailored to your specific concerns and objectives. We will walk you through the plan explaining how each document and provision helps secure your assets and protect your family.

Our firm will not bill you until you are comfortable and satisfied that the estate plan accomplishes your objectives. After completion, our estate planning attorneys will proactively follow up with you to ensure that the plan continues to work for you and complies with any changes in the law. Whether you are developing your first estate plan or need help reviewing and revising an existing plan, we pride themselves on helping families secure what they’ve worked hard to grow.

Estate Planning Process

Call our office to schedule a personal consultation with one of our estate planning attorneys. One of our attorneys will speak with you directly to schedule a convenient appointment to meet with them. We meet with clients every day of the week and can accommodate early mornings, late nights, or weekends if necessary, to make the meeting as convenient for you as possible.

Our initial estate planning consultation generally takes about one hour but we will meet with you until all of your questions are answered and you are comfortable with the process. Prior to our meeting we will send you an Estate Plan Questionnaire for you to begin considering who you would like to handle your affairs and how your assets should be managed. The estate planning questionnaire will be helpful to our attorneys to determine the best estate plan for you.

We understand that this can seem like a daunting process. We design it to make you feel comfortable and confident. At the initial meeting our attorney will review your questionnaire with you to make sure all of your information is correct. If you haven’t completed it before the consultation, we will work with you to complete it then. We will work with you to design a plan that is customized to your unique family and situation.

Our attorney will explain each document involved in your estate plan and how it will be used to meet your goals and objectives. Once you’re satisfied that our firm is a good fit and the plan makes sense to you, our attorneys will quote you with a flat fee for the entire process, so there are no surprises and no confusion. A basic comprehensive estate plan for a couple is generally begin the work of customizing your trust, will, powers of attorney, deeds, or other necessary documents. After the documents are drafted you will receive them for your review. Depending on the complexity of your planning or if you choose, a second meeting may be necessary to review the documents and answer any questions.

Only after all of your questions have been answered and you fully understand the documents, we will meet at our office to execute the estate plan. This important step ensures that the documents are executed according to Michigan law. From there, our firm will prepare copies of the documents and arrange a convenient Estate Planning Notebook with further instructions. We will also make an electronic copy of every document you sign to ensure easy access to every document, even if it is lost or destroyed.

And while most law firms will end the relationship there, we view this as just the beginning of our representation. We will continue to monitor changes in tax and estate laws and keep you updated. As your family grows older, your assets and property change, and your objectives change, we will be there to make sure you stay protected.

A will is the most commonly used form of estate planning. Most people understand that a will’s basic purpose is to ensure that property and assets are transferred to the right beneficiaries after death. In its most basic form, a will provides direction regarding how you want owned individually, without a death beneficiary, to be disbursed after death. However, a will can do much more than just that.

• Nomination of Personal Representative: A will allows you to name a Personal Representative – commonly referred to as an “executor”. This person should be a trusted friend or family member who will be responsible for handling your estate, following the instructions you leave, and ensuring that your wishes are followed.

• Nomination of Guardian / Conservator for minor children: If you have minor children, your will is where you will nominate a guardian or conservator for your minor children. This is one of the most important decisions parents can make regarding the care and custody of their minor children after an unexpected death. A guardian will be responsible for the custody of a minor child while a conservator – usually the same person – is responsible for managing the minor child’s finances.

• Testamentary Trusts: Most people have heard of a trust but aren’t sure if it’s necessary for them. In some cases, a testamentary trust is the best option. A testamentary trust is a trust which isn’t formed until after death. A trust is a way of managing property and assets for your beneficiaries, particularly minors, beneficiaries with specialized needs, or young adults not quite ready to manage substantial assets on their own. A testamentary trust may also benefit you for estate tax purposes, securing assets in second marriages, or protecting assets for beneficiaries.

• Pour-over wills: A pour-over will is used in circumstances when an individual or couple create a trust during their lifetime and would like their assets funded into the trust after death. The pour-over will “pours” assets from the individual’s estate into his or her trust, to allow the trust to own and manage the property for his or her beneficiaries. A pour-over will is a valuable tool in ensuring your estate is managed according to your direction.

A will is an indispensable part of any effective estate plan. However, there are very specific rules and formalities that must be followed in order for the will to be valid. We will help ensure that it is properly drafted and executed to protect your family and property.

A common misconception about trusts is that only people with millions of dollars in assets or property need a trust. In fact, trusts are a valuable estate planning tool for any individual or couple with assets or property that they want to protect and provide for their beneficiaries. Individuals who are single with no children, married couples with minor children, empty nesters whose children are now having grandchildren, to elderly couples well into retirement can all benefit from a trust. And there are many different types of trusts to help with your specialized situation.

At its most basic, a trust is a form of property ownership that allows a fiduciary to hold title to property on behalf of another. For most individuals or couples, you will retain ownership and management of your assets as long as you are alive. The individual(s) who create the trust are known as the “Settlor(s)”. The individual who manages the trust assets is known as the “Trustee”. For most individuals and couples, you will be both the Settlor and Trustee during your lifetime. After your death, you will nominate a successor trustee who will manage your assets for the benefit of your beneficiaries.

For most people, a trust is the best way to provide an inheritance to your beneficiaries, avoid the cost, expense and hassle of the probate court, and avoid estate tax liability.