Probate Law
Let our attorneys assist you in understanding the Probate Court process.
Probate Law in Michigan
If and when the estate of the deceased reaches probate, many delicate legal and ethical issues are involved. Cunningham Dalman’s Probate Law Practice Group in Holland, Michigan understands this complexity, and does its utmost to resolve issues to your satisfaction.
We work to administer estates of deceased individuals efficiently and to secure necessary guardianship and conservator orders in aid of loved ones who might be unable to fully and competently attend to their personal health or financial affairs. With the assistance of our dedicated probate staff, the attorneys in our office have successfully handled numerous estate administration issues in Holland and across the state of Michigan.
While most estates can be administered without disputes, occasionally it becomes necessary to litigate issues relating to the intended final distribution of estate property. Our attorneys will advocate aggressively for you in such matters, to ensure that the wishes of loved ones are fully recognized and implemented.
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How does the Probate Process Work?
Know Your Options. Plan today & Your Family will thank you!Â
Our Probate Legal Services
Probate Administration
Probate attorneys assist guiding an executor of a will or the beneficiaries of an estate through the probate process.
learn moreProbate Litigation
Interested parties can make a claim to challenge the will or trust during the probate process.
litigationProbate Without a Will (intestate)
When a family member / loved one dies without a will, the Probate Court will decide how to distribute assets according to state law.
Probate Without a WillContested Wills
Family members or any interested party can challenge a Will in probate court.
Challenges to WillsGuardianship / Conservatorship
Legal guardianships over minors or individuals with special needs.
Conservatorships are similar but deal more with setting up needs for individuals who are mentally ill, incapacitated, or have other urgent challenges.
Read moreApplications for Change of Name
Legally changing your name can be difficult process to accomplish on your own.Â
Legally Changing Your NameAdoptions
Adoption is an incredible action of love that many families in West Michigan do each & every year. Let us assist you with your dream of becoming an adoptive parent.
Learn moreLet Our Experienced Probate Attorneys Assist You Today!
Know Your Options. Plan today & Your Family will thank you!Â
asset Administration in Probate
Probate Administration
Our attorneys assist families going through the probate process and understanding which assets are actually required to go through probate. An executor is either selected by your “Will” or one will be appointed by the court. If a “Will” is in place at the time of your death, one of first items is for the executor to prove the validity of your “Will” to the court.
Assets Avoiding Probate:
- Assets held in Joint Tenancy - Property owned by two or more people own it equally. If one tenant passes away, ownership is passed on to any remaining joint tenants. Typically, joint tenancy applies to real estate.
- Assets held with a Spouse as Tenancy by the Entirety - Those assets which pass on to the surviving spouse immediately. A tenancy by the entirety allows married couples to own property as a single legal entity.
- Beneficiary Designated Assets - Are any assets which have a beneficiary designation (could be a 401K, IRA, Roth IRA, etc).
- Life Insurance - This is payable directly to the "named beneficiaries".
- Assets Held in a Trust - Assets belong to the trust and upon your death, the trustee has authority to manage & distribute assets as you directed in your trust.
proper handling of disputes
Probate Litigation
Unfortunately, not all families are able to handle the legal aspects of probate after a family member has passed and disputes arise about the decedent’s true intentions in their Will. This area of litigation is very broad and can include a number of situations & scenarios.
Common Probate Litigation Scenarios:
- Breach of Fiduciary Duty - Appointed party is not following the decedent's instructions or their obligations under state law.
- Contested / Disputed Will - Any interested party can make a claim of coercion / undue influence, fraud, forgery, improper execution, etc.
- Contested / Disputed Trusts - Interested parties have the ability to dispute the actions of the trustee, including to seek termination or modify the trust.
- Incapacity Issues - Interested parties have the ability to question the timing of estate planning documents and whether the deceased party made them of sound mind. Disagreements often surface when major changes are made to distributions late in life or when health challenges may have been present.
- Guardianship / Conservatorship Proceedings
what happens when you die without a will?
Probate Without a Will
If you pass away without a “Will” or “Estate Plan”, this is referred to as “dying intestate” and essentially state law will dictate what happens to your property. Probate is simply a court-supervised process an estate goes through and without a valid “Will” the court will control the distribution of your estate.
Issues Your Family May Face:
- Funeral Arrangements - Does your family know if you are to be cremated or buried? Wills typically designate a personal representative or executor to make decisions and funeral arrangements should be clearly defined.
- Estate Administration - Michigan law establishes which specific people can apply to be the personal representative / executor for the estate. Anyone listed in the statue can apply and the estate could end up being managed by someone you wouldn't have chosen.
- Property Distributions - Assets with designated beneficiaries are safe within Probate Court. Other assets / property within your estate will be distributed according to state law. These laws are complex with multiple different scenarios for surviving spouses, children, parents, etc.
disputes arise
Contested Wills
Wills are typically very difficult to challenge as the court sees them as the voice of the deceased and since they are no longer able to speak for themselves, the court wants to honor their wishes.
With that said, there are legal grounds for interested parties to contest a “Will” or specific aspects of a “Will”. The most successful surround a challenge on “lack of testamentary capacity”. In short, the interested party is challenging on the grounds the person did not understand all decisions being made at the time the “Will” was created.
Reasons Wills Are Contested:
- Testamentary Capacity
- Undue Influence, Forgery, & Fraud
- Conflicting Wills
ensuring your loved ones are protected
Guardianship / Conservatorship
Families face difficult challenges when loved ones lose the ability to manage their finances and/or personal needs. The challenges could be due to dementia, substance abuse, mental illness, age, a physical disability, and caring for them might require a guardianship, a conservatorship, or both.
Guardianships
This is a legal arrangement protecting an individual that is unable of making simple decisions about where to live & how to manage their own well being. Individuals could be grown adults who have a physical or mental condition as well as minor child who no longer has a parent available to care for them.
Conservatorships
These generally protect a legally incapacitated individual with important financial interests. A Conservator pays bills and handles all financial matters for the individual.Â
In some instances, individuals will need both a guardian and a conservator to handle their daily affairs. These situations are normally identified by the family and they petition the Probate Court for an appointment.
Assistance in getting your name changed
Applications for Change of Name
Changing your legal name in the State of Michigan can be overwhelming for some as it involves gathering specific information and getting it ready to present to the court. The process for adults (over 22) involves filing the petition, paying your fees, a criminal background check, publishing a notice of hearing, and attending a hearing.
Resources for Changing Your Name
- Name Change After Marriage or Divorce
- Changes Because You Don't Like Yours
- Personal Branding
- Changing a Surname
Direct placements, agency-assisted, interstate, & international
Adoptions
Our attorneys at Cunningham Dalman are well versed on the legal side of adoption and can work with you directly or assist alongside your adoption agency. We have experience with interstate & international adoptions as well.
Types of Adoptions:
- Direct Placement - The birth mother chooses the adoptive parents and immediate placement occurs after the birth of the child. This is also known as an "independent or private adoption".
- Agency-Assisted - These involve the help of a public or private agency to find & place children with prospective parents. Potential parents are evaluated and a home study evaluation is performed to ensure the adoptive parents are stable, healthy, financially sound, and are prepared to have a child in their home.
- Interstate Adoptions - Follow many of the same steps for in-state adoptions but are subject to procedures outlined in the "Interstate Compact on the Placement of Children (ICPC). This is essentially a contract among all states designed to ensure the safety of children when placed across state lines.
- International Adoptions - These require prospective parents to comply with international laws as well as U.S. Immigration policies. Procedures and adoption rules will vary by country and most require the child to be legally recognized an as orphan before any court action will begin.
Probate FAQ
Most frequent questions and answers
Probate court is the legal process your estate will go through after your death. For individuals with a “Last Will & Testament”, this process will be much easier on your family. Your “Last Will” will be validated and then your instructions will be carried out by the executor.
Individuals can avoid the probate process for their family by:
- Creating a Trust and transferring ownership of assets to the trust.
- Ensure You Have Named Beneficiaries for insurance policies, bank accounts, IRAs, etc.
- Ensure Joint Ownership exists on assets.
- Create a Lady Bird Deed for your real estate.
Please call our office at 616.392.1821 to discuss all of your options today.Â
