Estate Planning, Wills & Trusts
Let us assist you in understanding the options available.
Estate Planning
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Estate Planning Articles
How to Protect Your Home From Lawsuits And Creditors
A home is an incredibly important asset. On a basic level, it’s a place you live and use to be
Estate Taxes: They’ll Likely Be Changing
For a number of years, estate taxes haven’t been a major planning issue for many people. Since 2012, the amount
One of West Michigan’s Top Area Estate Planning Firms
The list of Top Area Estate Planning Firms by Crain’s Grand Rapids Business, which ranks firms based on the number
Should You Have an Estate Plan?
Know Your Options. Plan today & Your Family will thank you!Â
Our Estate Planning Services
Trust Attorney - Creating Trusts
Estate planning trusts are generally used to minimize taxes and avoid probate court. The two main types are revocable & irrevocable.
more about trustsPreparing / Modifying Wills
We assist clients with multiple types of wills: simple wills, living wills, testamentary trust wills, and more.
About WillsTrust Administration
Our attorneys are skilled administrators of trusts & estates and assist trustees to fulfill their fiduciary duties.
trust administrationSpecial Needs Trust Attorney
A "Supplemental Needs Trust" is something every parent or grandparent with a disabled child should consider.
Specialty TrustsTrust & Estate Litigation
Our attorneys represent beneficiaries, trustees, and personal representatives with estate litigation and probate litigation matters.
Trust and EstateGuardianship & Conservatorship
A guardian makes legal decisions for the benefit of another, whether a minor or adult.
- Guardianships Over Minors
- Adult Guardianships
A conservator makes decisions about an incapacitated adult's property. One individual can be both the guardian and the conservator.
Learn morePowers of Attorney
A Power of Attorney is a written authorization allowing someone to legally act on your behalf for legal, financial, and healthcare decisions. Two main types in Michigan are:
- Durable POA for Health Care
- Durable POA for Finances
Probate Attorney
Probate involves transferring a deceased person's assets and appointing a trusted person to do so through the probate court process.
Read MoreStart Your Estate Plan Today!
Know Your Options. Plan today & Your Family will thank you!Â
understanding the different types
Establishing Trusts
One of the main advantages of a trust is “avoiding taxes and the whole probate court process”. In a “Trust”, you transfer property to a trustee to hold the property for a beneficiary. This type of instrument allows assets to be transferred after or during your lifetime.
Common Types of Trusts:
- Revocable Living Trusts - Provides the flexibility for the owner to easily remove beneficiaries, assign new ones, and modify how assets are managed within the trust. Assets held are also subject to state & federal estate taxes and are not 100% shielded from creditors.
- Irrevocable Trusts - Provide less flexibility for the owner and generally are set in stone once the agreement is signed. The main reason some individuals choose an "irrevocable trust" is taxes. Assets are transferred into the trust and effectively this removes all rights of ownership.
- Life Insurance Trusts - These are commonly referred to as "Irrevocable Life Insurance Trust (ILIT)" and is created to own & control your life insurance policy. The trust owns the policy while you are still alive and then manages / distributes the proceeds upon your death. By transferring ownership of your life insurance policy to the ILIT, you can minimize estate taxes, avoid gift taxes, protect some assets from creditors, and ensure eligibility for certain government benefits.
Other Areas of Expertise:
- Gift Planning
- Business Succession Planning
- Charitable & Planned Giving
- Private Foundations & Alternative Options
- Family Cottage LLCs; Trusts & Tenancy-in-Common Agreements
planning ahead
Preparing / Modifying Wills
Wills are one tool of estate planning to ensure your assets are distributed in the manner you wish. Without a valid Will, a set of laws in the State of Michigan will determine who receives assets within your estate.
Common Types of Wills:
- Simple Will - These can be referred to as your "last will and testament" or just "last will". These are designed to be straightforward instruments to indicate what property goes to which beneficiary. The important thing is to ensure these are setup correctly to avoid complex legal issues that could arise.
- Living Will - This instrument is used to dictate what types of treatment you should receive in the event you become incapacitated. This usually involves an illness, injury, or other situation where you are not capable of making decisions on your own.
- Testamentary Trust Will - This document is designed to protect certain assets within a trust and then assigns an individual to administer / control the distribution of assets to the correct beneficiaries.
Michigan Probate
In the State of Michigan, a “Will” is your ticket or entry into Probate Court. At the time of your death, your “Will” must be delivered to the Probate Court and this begins the process of administering your Estate.
In most situations, our Estate Planning attorneys will suggest other instruments to limit or totally avoid the Probate Court process. Our goal is to help you understand the options available and effective ways to use them.
code of conduct
Trust Administration
In addition to planning for estate distribution, our attorneys and staff are skilled administrators of trusts and estates. While many estate plans do not require Probate Court proceedings, when this does occur, the attorneys and staff of our Estate Planning, Wills & Trusts Practice Group pursue the best possible outcomes.
We have extensive experience in handling estate administration issues in Holland and elsewhere across the state of Michigan.
We advise individual and corporate fiduciaries on all aspects of estate and trust administration, including:
- Probating Estates
- Complying with the requirements of the Probate Code
- Dealing with Creditors of the Estate
- Negotiating & Handling the Disposition of Assets (including real estate & business enterprises)
- Distributing Estate & Trust Assets
- Providing Guidance on Income & Estate Tax issues
- Opening & Administration of Estates (with or without a will)
- Personal Representative ("PR") representation
- Executor Representation
- Trustee Representation
specialty trusts
Special Needs Trusts
A Special Needs Trust (SNT) allows a disabled person to receive assets/property while retaining the essential government benefits they’ll require for life. An SNT can also protect assets from Medicaid Spend-down when an older person needs nursing home care.
Other Types of Specialty Trusts:
- First Party Trusts
- Third Party Trusts
- Education Trusts
- Health and Education Exclusion Trusts
- Domestic Asset Protection Trusts
Types of disputes & litigation
Estate Litigation & Legal Disputes
People in the United States can sue anyone for anything at any time and even the best estate plan can be challenged in court. Estate litigation is more common than you might believe and comes from ex-spouses, estranged children, distant cousins, or anyone who wants to file a claim against your estate. Our attorneys at Cunningham Dalman are well versed in all aspects of estate litigation and provide legal representation for Beneficiaries, Trustees, and Personal Representatives.
Common Reasons for Litigation:
- Lack of Capacity - The testator (person making a will or trust) must be of sound mental competency to make their "Last Will and Testament" or "Trust".
- Excessive Influence - When the testator is heavily coerced by a friend, advisor, health care worker, or other to significantly alter a long-established / well communicated estate plan.
- Breach of Fiduciary - Duties of the personal representative or trustee are violated.
- Forged Documents - Someone challenges the authenticity of signatures on a will or trust document.
caring for our loved ones
Guardianship & Conservatorship
For parents and family members, it’s important to plan out the long-term care for minors and/or adults with growing health challenges. Guardianships allow you to plan out the well being for the individual and Conservatorships deal with an incapacitated adult’s property matters.
If an incapacitated adult has a “Durable Power of Attorney” or a “Designation of Patient Advocate”, you may not need a guardianship and/or conservator. Please consult with us on the many options available to ensure your loved ones are protected.
As mentioned previously, guardianships in Michigan fall into “Guardianship Over Minors” and “Adult Guardianship”.
Common Types of Guardianships in Michigan:
- Guardianship Over a Minor
- Limited Guardian of Minor
- Limited Guardian for Legally Incapacitated Individual
- Full Guardian for Legally Incapacitated Individual
- Developmentally Disabled
- Temporary Guardian
Reasons Guardianships Make Sense:
- Elderly Individuals / Parents
- Total Incapacity
- Child loses their parents
- Full Guardian for Legally Incapacitated Individual
- Temporary Guardian
ensuring you have a voice
Durable Power of Attorney
Our attorneys at Cunningham Dalman are experienced in handling cases related to Michigan Power of Attorney and other important matters related to incapacity.
In short, a Power of Attorney (POA) allows someone else to legally act on your behalf in the event you become ill or incapacitated. The two main types of Michigan POAs are:
Durable Power of Attorney for Health Care
This is sometimes referred to as your “Healthcare Power of Attorney” or your “Patient Advocate” and legally designates someone to make healthcare decisions if you cannot act for yourself.
Durable Power of Attorney for Finances
This is generally drafted at the same time as your “Healthcare POA” but designates someone you want to leave in charge of your finances & legal affairs if you cannot act for yourself.Â
Estate Planning FAQ
Most frequent questions and answers
In simple terms, a Will only goes into effect after you die and directs who will receive your property. A Trust is active at creation and allows you to begin distributing assets before death, at death, or afterwards.
Most individuals should review their estate plan every 4 – 5 years. More immediate reviews will need to occur when tax laws change or your family situation changes (birth, marriage, divorce, etc.)
Unfortunately, this happens more than we like to admit. Recent surveys suggest anywhere from 50-60% of Americans don’t have a will.
When this occurs, your assets will pass according to state law and likely not according to your own wishes. In addition, your estate will pay additional taxes and probate fees leaving less for your loved ones.Â
