When someone is trusted to manage another person’s assets or make decisions on their behalf, they’re held to a high standard of care. This responsibility is called a fiduciary duty, and it’s a big deal, especially in probate law. But what happens when that trust is broken? That’s where the concept of a breach of ..read more

Probate is the process of settling a deceased person’s estate through the probate court system. Being named the personal representative of another person’s estate is a big responsibility; you are charged with carrying out someone’s last wishes, distributing their assets, and following the law. It can be stressful, especially if you are grieving the loss ..read more

Few things are more difficult than seeing your elderly parent in physical and mental decline, and having to provide care for the person to whom you have always looked to for care and guidance. Unfortunately, when a senior becomes unable to care for him- or herself, the only way to protect them and their well-being may be for an adult child to apply for guardianship of their elderly parent. What is Guardianship? In Michigan, guardianship of an adult involves the probate court appointing a competent adult (the guardian) to make important decisions on behalf of a legally incapacitated person (the ..read more

For many people, one of the primary goals of estate planning, other than providing for their family, is to avoid probate. Estate planning attorneys encourage people to keep their assets out of probate so often, in fact, that it is common for people to assume that probate is something to be avoided at all costs. Is probate bad? It depends on the circumstances. While it is often a good idea to avoid probate, the probate process exists for a reason. Under some circumstances, probate provides the oversight and structure to ensure that a deceased person’s wishes are honored and their beneficiaries ..read more

Nearly as important as the decision to make a will is choosing an executor to administer your estate. Your executor is the person charged with carrying out your last wishes, settling your debts, and distributing your remaining property to the people you want to receive it. It’s not simply an honorary position, so you need to put some thought into who will serve in that role. If you’ve ever wondered, “How do I choose an executor for my will?” here is some guidance for you. How Do You Choose an Executor? Serving as executor or personal representative of an estate is a job, so you might want to a ..read more

In Michigan, a legal guardian has the right and responsibility to make medical decisions for an incapacitated person (ward). The guardian can, for instance, select the ward’s medical providers, consent to treatment on the ward’s behalf, and access the ward’s medical record. But what about making end-of-life decisions? Can a Michigan guardian stop doctors from giving cardiopulmonary resuscitation (CPR) in the event of cardiac or respiratory arrest? In short, the answer is yes: a Michigan guardian can sign a do-not-resuscitate, or DNR order (with some exceptions that we will discuss below. With ..read more

If you are a parent, you know that in some ways, your child will always be your “baby.” But from a legal standpoint, your child is an adult at midnight on their eighteenth birthday. That creates a change in your relationship that neither of you may be ready for, especially if your child is heading off to college. Now that your child is a legal adult, you no longer have the right to do many of the things you’ve done for them all their lives—like make medical decisions and manage their money. In order to do those things now, you will need a power of attorney for your college student. Powers of a ..read more

Many people, when asked about their estate planning goals, say that they want to avoid probate. Even if they are not entirely sure what the probate process involves, they have the sense that avoiding probate is a good thing—and often, they are right.  Probate is the legal process of administering the estate of a deceased person (decedent), with some level of court involvement. Depending on the size and complexity of the estate, the court’s involvement may be significant. More often, however, the court’s oversight of the probate process is minimal. Even so, probate typically takes months ..read more

As this blog post is published, we’re in the thick of the holiday season: shopping, decorating, attending parties, gathering with loved ones, and thinking about the year to come. Often, the holidays are also filled with reminiscences of loved ones who have gone before us. As hard as it is to think about, someday we will be those loved ones our families are remembering around the holiday table. One of the best gifts you can give your family this year is to ensure their future is a secure one: make some estate planning New Year’s resolutions. It may seem strange to think about estate planning at ..read more

Most people expect that after their death, their property will go to their family. But what exactly does that mean? If you adopt a child, do they have the same inheritance rights under the law as any biological children you have? What about stepchildren? If you surrender a child for adoption, are they still entitled to inherit from you under the law?  Questions like these arise more often than you might think. If you want to protect the inheritance rights of a child you care about, read on to understand how and when an adopted child can inherit from a biological parent. Does an Adopted Ch ..read more