Tag Archives: estate probate lawyer Royal Oak MI

Getting Affairs In Order Before Death and Probate Law

Before your done skydiving, traveling Europe and swimming with sharks, consider getting the more important things together before your time passes. No one wants to think about their death or what will happen after they die but it will give your loved ones and friends more understanding about your personal things so there is less to handle after your death and with in probate law, allowing you to leave with peace of mind.

 A few things you want to do to get your affairs in order before Probate Law:

1. Up to date Will: Make sure you have a will and it is up to date. If someone dies without a will, Michigan law has rules for what will happen with that persons property. This is called a person dies intestate, Probate courts in Michigan establish a probate estate where the probate court determines who will acts at the deceased representative and who will receive any assets that were left.

2. You want to appoint someone to manage your affairs, Power of Attorney: If you become sick and unable to take care of yourself or if something were you happen to you someone has to be responsible to pay your bills, deposit your money and manage your financial affairs.

3. Name a guardian: If you have children that are dependent you need to appoint a guardian to take care of them if you are not able to or pass away. Note: If you have a disabled child, find a specialist who knows the laws and benefits under Medicare and Medicaid and can coordinate asset planning. If everything is left to a disabled child they will not be able eligible for aid. Also known as special-needs planning.

Some people write a will to avoid probate laws but probate court has been simplified and Micheal Colton Probate Law attorneys in Farmington MI cater to Oakland County residents and are here to help you and your family with their probate planning. Contact Our Law Office today to talk to our probate planning attorneys and specialists to receive a no-obligation consultation about: Estate Planning, Probate Court, Probate Law, Wills and Trusts, Living Wills, Michigan law, Power of Attorneys.

Typewritten or Holographic Wills- Royal Oak, MI

When it comes to wills, there are two basic types that you need to know about: There are typed wills and there are handwritten wills. The latter are also known as holographic wills.

You may be wondering, “must a will always be typewritten and signed by two witnesses in order to be valid?” The answer to that is no. Royal Oak or Novi, Michigan residents typing out a typewritten will need it to be signed (or executed). The person that makes the will (the testator) must declare in front of the witnesses that “This is my last will and testament,” and request that those on-hand as witnesses serve as official witnesses during the testator’s official signing. The witnesses sign under penalty of perjury and notarization of the will is not necessary.

Holographic wills, however, have to be completely handwritten, dated, and signed by the testator. Witnesses do not have to be present and the holographic will doesn’t have to be notarized. These wills need to meet minimal requirements in order to be probated in Michigan.

You may need to consult with an estate probate attorney in Novi or Royal Oak MI to gain a clearer understanding of the problems that can arise with holographic or handwritten wills. It can be trying to prove that the testator of a holographic will prepared and signed it on his or her own.

With a typewritten will, the witnesses and the ceremony that comes along with the signature prove that the testator prepared and signed the will. One can’t be so sure with holographic wills, as it can be unclear if the deceased person has provided for an abnormal disposition of his or her property. Handwriting experts may sometimes be called upon to analyze holographic wills to prove the testator did in fact prepare and sign the will. The testator also must be conveying a wish to direct the distribution of his estate to beneficiaries.

It’s clear to see that if you or someone close to you has to choose between one of these two types of basic wills, hiring or consulting with an estate probate lawyer Royal Oak or Novi, MI can make the process a lot easier. It’s not a requirement in any state to hire a lawyer for probate but under some conditions, like proving the validity of a will, it can be very helpful. Contact us today to see what Michael Colton and his probate and estate planning specialists can do for you!