Legal Question in Wills and Trusts in Michigan

My Will and Probate Court

If neither of my adult children contest my will, does my estate still get processed through Probate Court? To avoid probate fees, is it smarter to create a Revocable Living Trust? Thanks for your reply!!


Asked on 1/10/09, 1:25 pm

2 Answers from Attorneys

Jerrold Bartholomew Priority Elder Law and Estate Planning, PLC

Re: My Will and Probate Court

The key to avoiding probate is creating authority for someone to act on your behalf after your death. Some people accomplish this by jointly titling assets, but for a variety of reasons, that can be dangerous (if your joint tenant gets in trouble, your asset may be in trouble too).

If you are truly concerned about probate avoidance, a trust is generally the best way to go. You can also accomplish many other things with a trust, such as protect your assets from the cost of long term care, or protect your assets from problems that your heirs may have.

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Answered on 1/10/09, 1:32 pm
Wendy Alton Fausone Bohn LLP

Re: My Will and Probate Court

An answer to your question depends on what type of property is passing according to your will. Generally, though, just having a will does not avoid probate--you must have a trust in place that is funded with your property in order to avoid the probate process altogether. However, there are more facets to your question that could only be answered by an attorney who knows your particular situation. If you are interested in scheduling a consultation, our contact information is on our website, www.altonlawfirmplc.com.

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Answered on 1/13/09, 11:02 am


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