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Michigan Estate Planning and Elder Law Attorneys: Protecting Your Legacy and Future

Every individual is unique and has built a lifetime of assets, debts and relationships. Without a custom estate plan in place, decisions about the distribution of debts and assets will fall on the courts. To maintain control, protect your assets and ensure that your estate is distributed according to your wishes, you should work with an attorney. Likewise, it’s crucial to address estate planning and related issues like long-term care planning as you age.

At Babut Law Offices, PLLC, we provide comprehensive estate planning and elder law services for people throughout Southeast Michigan. Our attorneys bring over 50 years of combined legal experience to the table. As a small-town, family-run firm with two generations of lawyers, we provide personalized, compassionate service to help you build a better future and protect the life you’ve built.

Call our skilled lawyers at (734) 725-0316 to schedule a free initial consultation. For your convenience, we have offices in Ypsilanti, Taylor, Jackson and Adrian.

Comprehensive Estate Planning & Elder Law Counsel

An estate plan can consist of many types of documents. The documents you use will depend on your situation and your goals. We can help you review your options and determine which documents will help you achieve those goals.

Our dedicated lawyers implement all types of estate planning documents and tools, including:

  • Wills: A last will and testament is the most basic estate planning document. With a will, you can outline how you want your assets to be distributed and name your executor. Wills can also be used to create a trust for your assets; these are known as testamentary trusts.
  • Trusts: There are many types of trusts that can be used to protect your assets and your loved ones. Trusts that are active during or after your life can be developed and may include revocable trusts, irrevocable trusts, charitable trusts and special-needs trusts. You can also create custom trusts to hold specific types of assets, such as life insurance proceeds.
  • Advance healthcare directives: Also known as a living will, this document helps you outline your wishes regarding your healthcare should you become incapacitated.
  • Power of attorney: Similar to a living will, a power of attorney allows you to appoint an individual to make financial decisions on your behalf if you are incapacitated.
  • Deeds: For real estate, retitling the property can be an effective way to accomplish your estate goals. For example, we can help you decide if a lady bird deed is right to protect your property from probate.

After a loved one passes, our firm can facilitate the complex probate and estate administration process. We also provide guidance on elder law concerns such as long-term care planning.

The Risks Of Dying Without A Will In Michigan

In Michigan, when you pass away without a valid will, the court will administer the assets you owned upon your death using intestate succession laws (Mich. Comp. Laws §§ 700.2102). In this legal process, a personal representative distributes your probate assets following a specific “hierarchy of distribution,” where your surviving family members and closest relatives inherit them.

To avoid this challenging and stressful situation for your loved ones, you must seek the guidance of a lawyer who can help you draft your legal document and ensure that it meets the state’s legal standards and reflects your last wishes.

Common Estate Planning Mistakes And How To Avoid Them

The best way to create an estate plan is to find out which mistakes you need to avoid first. Here are three common estate planning mistakes that most people make:

  • Using online templates: It is understandable that not everybody can afford a lawyer to write their last will. However, these templates are not regularly updated and often use generic language. Aside from these cons, it is also important to note that state laws change. If the template you chose is outdated, it may not meet Michigan’s legal requirements, making your document invalid.
  • Not including plans for potential incapacity: Many people believe that they only need to create an advance directive if they become ill, ignoring other life-changing incidents, such as accidents that can put them in a coma or a persistent vegetative state. Because of this, their families must make the hard medical decisions on their behalf or face a legal battle to establish guardianship.
  • Not updating their estate plan: Estate planning documents must be amended with a lawyer when the owner experiences major changes in their life, such as changes in their marital status, family dynamics and list of assets. This practice ensures that their documents align with their current goals and reflect their real financial situation.

By creating your estate plan with our skilled attorneys, you can avoid costly mistakes, protect your family’s inheritance and leave with peace knowing that your legacy will live on.

Frequently Asked Questions

To relieve you of your mental burdens, here are the answers to six common questions about elder law and estate planning in Michigan.

While both areas of law often intersect, they have different purposes. For instance, elder law focuses on helping adults plan for their own retirement needs or their parents’ long-term care. Estate planning focuses on helping young adults, married couples, new parents and middle-aged individuals outline how they want to preserve their wealth and distribute their assets when they pass away.

Yes, you still need to create your own estate plan. While establishing a “joint tenancy with right of survivorship” or JTWROS helps bypass probate for you and your spouse’s jointly owned assets, it also has certain disadvantages.

For example, you have a JTWROS, but you both died in a tragic accident. During this process, each of your 50% shares will pass to your beneficiaries or be distributed by the court according to Michigan’s intestate succession laws (if you died without a will).

If the person you appointed as your will’s executor is unwilling or unable to serve, the probate court will designate a “personal representative” who will take over the administration of your estate. This appointment can lead to delays and potential disagreements between your family members, which is why it is ideal to include a “successor executor” in your legal document, who can take over the duty of the original executor should they refuse to honor their commitment upon your passing.
If you pass away while still owning property in multiple states, your estate administration must undergo ancillary probate. This is a separate probate proceeding from your home estate probate, and is formally processed in the state/s where your other assets are located.

Yes, your estate will still undergo probate even if you left a will behind. Since your written document outlines how you want your heirs to inherit your assets, the court will distribute your assets according to your last wishes. However, not all property goes through probate.

If you have life insurance policies, living trusts, transfer-on-death deeds, and payable-on-death bank accounts, you can distribute these specific assets to your beneficiaries without probate.

The short answer is yes; they will. Because your retirement accounts and life insurance policies already have designated beneficiaries, the funds transfer directly to them upon your death, effectively bypassing probate and your will. If you are uncertain about this concern, you can consult with a local estate planning attorney who can help you understand the legal process better.

Contact Us To Secure Your Assets And Your Future

To discuss your estate planning or elder law needs with a qualified attorney, contact us at (734) 725-0316 or send us an email. We will carefully evaluate your family’s circumstances to recommend and implement wills, trusts and any other estate planning tools that could benefit you.

Estate Planning Resources

Please review these resources for more information about estate planning and elder law: