“Newman’s Own” Estate Plan Problems
Estate Planning & Elder Law Services » Probate Litigation
by Christopher Lindsay
1y ago
Last month we discussed the problems created by Anne Heche not having an estate plan in place before her death.  This month, we bring the story of Paul Newman’s estate to illustrate another common estate planning mistake. More specifically, we will talk about the mistakes Mr. Newman made toward the end of life by providing conflicting instructions.  You’ve probably seen the bottles of salad dressing and tomato sauce on your grocery store shelves. You may be familiar with the fact that 100% of the company’s profits go to charity. You might even have heard the story of how Paul Newman ..read more
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Can an Estranged Relative Contest My Estate?
Estate Planning & Elder Law Services » Probate Litigation
by latte
1y ago
There are many reasons to create a will or estate plan: to provide for your family; to have peace of mind regarding the future; and to ensure that your wishes regarding your property will be carried out when you are no longer here. Usually, people want their assets to go to their closest family members—their spouse and children. But sadly, it’s not uncommon for family members to become estranged from one another. Sometimes when that happens, the person making a will (the testator) decides to disinherit the estranged relative.  Can estranged family members contest a will?  The short a ..read more
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Can an Estranged Relative Contest My Estate?
Estate Planning & Elder Law Services » Probate Litigation
by latte
1y ago
There are many reasons to create a will or estate plan: to provide for your family; to have peace of mind regarding the future; and to ensure that your wishes regarding your property will be carried out when you are no longer here. Usually, people want their assets to go to their closest family members—their spouse and children. But sadly, it’s not uncommon for family members to become estranged from one another. Sometimes when that happens, the person making a will (the testator) decides to disinherit the estranged relative.  Can estranged family members contest a will?  The short a ..read more
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How To Make the Probate Court Process Easier
Estate Planning & Elder Law Services » Probate Litigation
by Christopher Lindsay
1y ago
After losing a loved one, the last thing most people want to do is go through a complicated court process to settle the estate. Depending on the circumstances, the probate process can be drawn out and stressful. Increasingly, people are turning to estate planning tools like living trusts to keep their assets out of probate. But even if your family member’s estate must go through the probate court process, there are ways to simplify and streamline matters.  As a general rule, the smaller the probate estate, and the fewer heirs there are, the quicker and easier the administration of a proba ..read more
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Does My Property Qualify for Homestead Protection?
Estate Planning & Elder Law Services » Probate Litigation
by Christopher Lindsay
1y ago
From time to time, a client will call our law office asking about homestead protection, and whether they and their home are eligible. What is homestead protection, and why might it matter to you? The short answer is that homestead protection could put the equity in your home out of the reach of creditors. First, it’s helpful to get some definitions straight. A “homestead,” legally speaking, refers to one’s primary residence. You might have a house and cottage in Michigan and perhaps a condo in another state where you spend the cold weather months. It is possible to have multiple residences, bu ..read more
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An “Unfunded” Living Trust Isn’t Worth the Paper It’s Written On
Estate Planning & Elder Law Services » Probate Litigation
by Christopher Lindsay
1y ago
You probably wouldn’t buy a car that didn’t have an engine or build a kitchen that didn’t have a stove in it. In fact, people might think there was something wrong with you if you did. Cars and kitchens have functions: to transport people and prepare food, respectively. Spending a lot of money on something that doesn’t fulfill its essential function makes little sense. Is that what you’re doing with an “unfunded” living trust? Yet perfectly sensible people do that very thing when they make a trust-based estate plan and fail to fund the trust. In order to prevent problems with your trust you mu ..read more
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Five Tips for Resolving a Probate Dispute with Siblings
Estate Planning & Elder Law Services » Probate Litigation
by Christopher Lindsay
1y ago
When you hear the term “sibling rivalry,” you probably picture kids squabbling over who got the bigger piece of pie or jockeying for a favored seat in the car on a road trip. Those fights may irritate parents, but they are momentary and usually easily resolved. Sibling rivalry doesn’t magically disappear when the siblings grow up. The most devastating disputes often arise between adult siblings, even those old enough to have grown children themselves. Often, the most bitter disagreements and permanent rifts arise out of a probate dispute of a parent’s estate. Regardless of the level of wealth ..read more
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Proving Fraudulent Misrepresentation in Probate Court
Estate Planning & Elder Law Services » Probate Litigation
by Christopher Lindsay
1y ago
The great majority of the time, individuals involved in the probate process behave diligently and honorably, and any mistakes are innocent and readily resolved. Unfortunately, from time to time, people behave dishonorably with the intention of enriching themselves. When another interested party becomes aware of fraudulent behavior in probate court, what recourse do they have? Probate after a death in Michigan is intended to give effect to the wishes of the deceased, to protect the interests of beneficiaries and other interested parties, and of course, to follow the requirements of the law. Fra ..read more
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Understanding Informal Probate in Michigan
Estate Planning & Elder Law Services » Probate Litigation
by Christopher Lindsay
1y ago
People often refer to an estate having to “go through probate” as if probate were a single, standardized process. In fact, there is more than one type of probate. In Michigan, there is formal and informal probate. The formal probate process is overseen by a judge after a petition is filed with the probate court. Any estate of a deceased person (decedent) in Michigan can go through formal probate, but not every estate needs to. For many (if not most) estates, it makes more sense to go through the informal probate process. Let’s talk about when informal probate is appropriate and what is involve ..read more
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How to Avoid Probate in Michigan
Estate Planning & Elder Law Services » Probate Litigation
by Christopher Lindsay
1y ago
Probate is the court-supervised process of settling a deceased person’s estate: making sure all assets are located, all legitimate debts are paid, and the remaining property transferred to the people the deceased intended to have it. Depending on the size of the estate, the location of property, the number of heirs, and whether there is any conflict over the estate, probate can be a time-consuming and costly process. Unlike death itself, however, probate is not inevitable. You can take some relatively simple measures to avoid probate in Michigan, ensuring peace of mind for yourself now and for ..read more
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