It is true that a living revocable trust does not need to pass through the probate administration process for distribution of the settlor or grantor’s assets. However, it does NOT mean that the trust is immune to court involvement. A settlor, grantor,...
Wills, Trusts And Estates
Should You Register Your Trust In Michigan?
A trust in Michigan may be registered with the local probate court in the county where it is primarily located. There is no requirement under the law that a trust is registered in Michigan (except for charitable trusts which MUST be registered with the...
How Do You Remove A Trustee From A Trust In Michigan?
A grantor or settlor will select a trustee that he or she is confident will carry out the terms of the trust and treat the beneficiaries fairly. However, it might turn out that the trustee is too incompetent to carry out his or her duties, mishandles trust...
Aretha Franklin’s Estate: Why Is It A Contentious Battle In Michigan’s Probate Court?
Aretha Franklin, the “Queen of Soul” died on August 16, 2018 in Detroit, Michigan, leaving an estate behind to be managed. She purportedly died without a last will and testament, meaning that her four sons would inherit the estate under Michigan’s intestate...
What Happens If You Receive A Recovery Rebate (“Federal Stimulus”) Payment Under The CARES Act of 2020 For A Deceased Person?
On March 11, 2020, the World Health Organization declared that the COVID-19 outbreak was officially a pandemic as rates of infection rose significantly in the U.S. and across the world. On March 13, 2020, President Donald Trump declared a national emergency in...
What Is A Crummey Trust?
Wealthy individuals who have built a considerable legacy often hope that they can transfer as much of that nest egg as possible to the next generation without losing much of that value in federal taxes. In 2020, the estate tax exemption is $11.58 million per...
Is A Holographic Will Valid In Michigan?
Typically, a last will and testament is valid in the State of Michigan if it includes ALL of the following: It is in writing. MCL 700.2502(1)(a). It is signed by the testator or in the testator's name by some other individual in the testator's conscious...
Can A Spouse Inherit From The Decedent If Death Occurred During Divorce Proceedings In Michigan?
A surviving spouse has significant inheritance rights when it comes to the deceased spouse’s estate. Even if that spouse was disinherited in the decedent’s last will and testament, he or she may still be able to claim a spousal election against the terms of...
What Are The Legal Responsibilities With Inheriting A Handgun In Michigan?
In Michigan, “a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol.” MCL 28.422(1). Anyone looking to obtain or purchase a handgun must fill out an application at a local law...
Can A Conservator Make Or Change The Ward’s Last Will And Testament?
A conservator in Michigan has the authority to manage the protected person's estate. This can be a misleading phrase because the protected person is still alive so there is not an estate in the classic sense that someone died and property must be administered and...
