Who’s going to make your decisions for you if you get sick? Who do you want to divide your assets when you pass away? Who do you want to inherit your most treasured possessions? Creating an estate plan can help you answer these questions and many more.
An estate plan consists of your written instructions to distribute your property at death to the individuals you desire. Probate is the process used to administer your property after your death. You can also prepare for a time if you aren’t able to make your own decisions or take care of your own affairs. As part of your estate planning, you can establish a durable power of attorney for finances and a durable power of attorney for health care to appoint an individual to make decisions for you if you can’t.
When a loved one dies, their will is handled through the probate court. A Personal Representative is appointed, and assets are divided as set in the will itself. While probating a will is a pretty routine matter, when a loved one dies without a will in place, dividing assets becomes a little more complicated. In general, the assets are divided equally among the determined heirs if the person dies without a will. Heirs are spouses first, children second, and parents third in Michigan if an individual dies with no will in place. This means that if the person is married, their estate automatically goes to their spouse. If a spouse doesn’t exist, it is divided equally among their surviving children.
If you believe a will was changed under duress at the last minute, you can contest a will that you have been left out of. For example, if you know that you are in your mother’s will, and at the time of her death you learn that she left all of her wealth to her caretaker, it is clear that the caretaker put some pressure on your mother to change her will. You have the ability to contest the will in court, and you may be able to get what is rightfully yours. Contesting a will can be a stressful process, and Attorney Bourgeois-Lewis will work closely with you to ensure that you feel comfortable about the process every step of the way. You have the right to inherit what your parents wanted you to have in the first place.
Whether your estate is a complex one full of assets to manage, or you have a simple estate but you want to make sure your heirs are taken care of, Lewis Law PLLC can help. Through a careful examination of your assets and solid planning, you will be able to leave your heirs the money you desire – contact Lewis Law, PLLC today.