Category Archives: Durable Power of Attorney

Happy Holidays From Colton Probate Law

It’s always the holidays that brings families together. This is also the time that people think about protecting the ones they love from the unexpected. This is what Michael Colton at Colton Probate Law is here for.

Colton Probate Law in Michigan offers a variety services to put your mind at ease during the holiday season such as:




Real Estate Services 

Living Trusts


Will PreparationsHoliday Probate Lawyer

Durable Power of Attorney 

Relax and enjoy your holidays knowing that you’ve hired a trusted Probate Lawyer. Submit our Online Contact Form for a free consultation.


Which Type of Power of Attorney Fits Your Needs?

Depending on the type of power of attorney you have, are are looking into having granted can differ from case to case. Not all power of attorneys are the same, and hardly ever does one match another. For instance, some people will get a power of attorney if they are going to be away for a long time, others may get a power of attorney if they are mentally incompetent of making important decisions that must be made.

Common options when finding the best type of power of attorney are:

  • General or durable power of attorney: loan-applicationOften a more broad power of attorney, a general power of attorney can grant another individual to perform nearly every decision or sign any document as if the principal was present. General or durable power of attorney will remain in effect even after the principal party is mentally incompetent of making decisions for their self.
  • Specific or limited power of attorney: A more limited, or specific power of attorney limits the terms of the person acting as power of attorney. It may limit the powers to a specific occasion or transaction. Once that action or transaction has been performed, the power of attorney is terminated. A limited power of attorney may also be used if your child or other in which you have full guardianship over will be under another party’s care for a specified amount of time. For example if your child goes on vacation with a friend, you may grant the parents of that friend power of attorney for certain actions, such as signing medical documents if they need emergency medical care while away.

To determine which power of attorney is best for your need, be sure to contact Attorney Michael Colton for guidance. Contact Colton Probate Law for your free consultation.



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.

Testamentary Capacity- Oakland County, MI

Most commonly brought about with minors or the elderly who are preparing a will, testamentary capacity is the legal way of discussing the metal state of the person who is preparing the will.

When charges of testamentary capacity are brought about, it usually means that the person who has prepared a will is being considered mentally unfit to do so. Whether it is that they are not capable of understanding what it is that they are signing, or they do not understand the value of the property or assets of their will. Either way Attorney Michael Colton will help resolve testamentary capacity issues in Oakland County, Michigan.

In order to prove that a person writing their will is loved-onecapable of making decisions, they must:

  1. Know the extent and value of their property stated in the will.
  2. Know the persons who are the natural beneficiaries
  3. Understand the disposition he or she is making
  4. Understand how these elements relate, and be able to form an orderly plan of distribution of their property.

If you are concerned that a loved one is incapable of making the decisions needed to execute a proper will, contact Michael Colton in regards to obtaining a power of attorney to assist with the will preparation process.

Power of Attorney- Assets of the Deceased

A power of attorney can be a very crucial document for residents of Southfield or Farmington Hills, Michigan but one thing a power of attorney cannot do is take a person’s assets once they are deceased.

When the grantor (someone who conveys or transfers ownership of property) of the power of attorney passes on, the power of attorney document becomes invalid. Any separate powers of attorney that the decedent (the person who dies) may have implemented concerning financial matters, such as bank accounts, also become ineffective when the decedent dies.

Any time assets and heirs come into play, family members and loved ones of the decedent will need to consult a probate lawyer in Southfield or Farmington Hills, Michigan as the probate process is nearly inevitable. Assets owned solely by the decedent must go through the probate process, either according to the decedent’s will or the intestacy laws, which apply if no will exists.

Any and all assets owned by the decedent freeze upon their death until an executor of his or her estate is named. There are some exceptions, like if an estate is desperately in need of funds and there is no time to wait for an executor to be selected.

Those who are estate planning in Farmington Hills or Southfield, MI should know that the future executor of the estate and anyone who had power of attorney while the decedent was still alive cannot access the assets of that person; they remain frozen under all circumstances. The only way they can be unfrozen is when an estate executor is appointed.

Michael Colton, an experienced estate planning attorney in Southfield or Farmington Hills, Michigan, would like to help guide those going through the probate or estate planning process in Michigan. To receive a free, no-obligation consultation, contact us now. Or, if you have any legal questions for our probate or estate planning specialists in Southfield or Farmington, Hills Michigan, give us a call at 248-324-0800!