Michigan Estate Planning Lawyers – Lambert & Lambert, PLC
The Estate Planning lawyers at Lambert Law will help you navigate through the legal process of probating an estate, including filing the necessary paperwork, obtaining court approval, and distributing assets to beneficiaries. They can also assist you with estate planning to help avoid unnecessary taxes and penalties.
Lambert Law’s probate attorneys provide a wide range of services for clients who are facing issues surrounding the administration of an estate. These include helping families settle estates without litigation, assisting in the distribution of assets after death, preparing wills and trusts, and representing heirs during probate proceedings.
Our local Downtown Michigan estate law firm is committed to providing personalized service and attention to each client. We work closely with our clients to understand their goals and concerns. We then develop solutions that meet those needs while minimizing costs and maximizing convenience.
If you have questions about probate or other matters related to administering an estate, please contact Lambert Law today. We offer free initial consultations, and our office phone number is (248) 431-7127.
What does an estate planning attorney do?
An estate planning attorney helps people prepare their wills, trusts, powers of attorneys, health care directives, and living will. They may also advise clients on tax issues related to death and taxes. The estate planning lawyer reviews documents to ensure they comply with Michigan state laws.
Estate planning attorneys often represent clients who want to avoid going to court over disputes involving family members. In addition, they may be called upon to represent individuals accused of crimes such as fraud or elder abuse.
Why Do You Need an Estate Planning Lawyer?
An estate lawyer will help you plan for what happens after you die. They can advise you about whether it makes sense to leave a Will, who should inherit your assets, how to manage your affairs if you become incapacitated, and how to deal with any disputes that may arise during probate.
Probate refers to the process by which courts determine who gets your property when you die. It begins when someone files papers to prove that you died. Next, the executor of your estate must file a petition with the court asking for permission to administer your estate. The court appoints an administrator to oversee the distribution of your assets. Afterward, the court supervises the distribution of your estate until everything has been distributed.
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Rochester, MI 48307
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There are two types of property:
Personal – Personal property belongs to the person who dies. For example, bank accounts, stocks, bonds, retirement funds, real estate, cars, boats, jewelry, antiques, collectibles, artwork, furniture, clothing, and household items belong to the owner.
Real Property – Land, buildings, and anything else that’s not attached to the land belongs to the owner. For example, houses, apartments, commercial buildings, shopping centers, factories, farms, ranches, warehouses, garages, storage units, and other structures belonging to the owner.
What is Probate?
The probate court determines who inherits your property after you die. Your heirs include anyone named in your Will, plus anyone else who qualifies under state inheritance laws. When you die without making a Will, your heirs automatically receive your property.
Who Gets My Assets?
The first step in distributing your property is determining who gets it. There are three ways to distribute your property:
By Will and Trust – A Will and Trust direct who gets what. If there is no Will, then the laws of intestacy apply. Under these laws, your property passes directly to your spouse or children. If you have neither a spouse nor children, your property goes to your parents or siblings.
By Court Order – In some states, a judge can order that your property pass to one person rather than others. This is called a “Gift over.”
By Statute – Some states require that all property goes to certain people unless you give instructions otherwise. These are known as statutory beneficiaries.
How Long Does Probate Take?
It depends on how many people need to be notified. Generally, probate takes between six months and two years. However, it may take longer depending on the size and complexity of your estate.
Can I Avoid Probate?
If you want to avoid probate, you have several options:
Wills – You can prepare a Will yourself or hire an attorney to draft one for you. Wills are usually required for large estates. Otherwise, they’re optional.
Trusts – You can create trust before you die. A trust allows you to transfer money and other valuable property into a separate fund, so it won’t be part of your estate. Then, the trustee will manage the trust for you while you’re alive. When you die, the property remaining in the trust becomes part of your estate.
Life Insurance – Life insurance policies allow you to name someone as a beneficiary if you die. The policy pays the beneficiary a lump sum when you die.
We Can Help! Contact the Estate Lawyers at Lambert law (248) 431-7127
Michigan Estate Planning Services
At Lambert Law, we understand that planning for your future requires more than just legal services. We work with our clients to help them plan finances, determine their long-term goals, and establish trusts and wills that meet those needs. Our goal is to provide each client with personal attention and guidance throughout the entire process from start to finish. Working with an estate lawyer should not only protect your assets but also ensure that your wishes are carried out. With the help of our experienced attorneys, we hope to assist you in creating a legacy of peace of mind.
What is the difference between an estate planning lawyer and a probate lawyer?
An estate planning lawyer will prepare documents to ensure your assets pass to your family without any tax implications. A probate lawyer will handle the legal process of administering your estate after you die. While both types of lawyers are necessary, they serve different purposes. An estate planning lawyer’s focus is on protecting your assets during your lifetime. A probate lawyer’s focus is on handling everything once you die.
What are the different ways an estate can be transferred after someone dies?
The most common way to transfer property after death is by will. A will provides instructions for who gets what and when. It may also include instructions for paying debts, dividing assets between beneficiaries, and leaving money to charities. If you don’t leave a will, state law will determine how your property should be distributed.
How does Michigan’s probate system work?
Probate laws govern how property passes to heirs after death. In general, property owned by decedents must go through probate court proceedings before being passed to beneficiaries. This includes real estate, bank accounts, stocks, bonds, retirement plans, life insurance, and vehicles. Working with an experienced estate lawyer who has years of Michigan probate experience can make this process much easier.
Call Lambert Law at (248) 431-7127 To Schedule A Free Initial Consultation
If you’re looking for experienced and trusted legal services Lambert Law is the right choice. This father-and-son legal team provides a wide range of services to clients, from living trusts to estate planning and more. They’re knowledgeable in many aspects of the law and are committed to providing the best possible service to their clients. Contact Lambert Law today to schedule a consultation and discuss your individual legal needs.