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Detroit Trusts Lawyer, Michigan


John J. Keenan Lawyer

John J. Keenan

VERIFIED
Bankruptcy, Divorce, Wills & Probate, Trusts, Business Organization

Our Philosophy: We believe that everyone deserves quality legal representation at a fair price. That's why we have worked for 30 years to provide l... (more)

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CONTACT

800-646-0920

Jamie R. Ryke Lawyer

Jamie R. Ryke

VERIFIED
Estate, Estate Planning, Wills & Probate, Trusts
A Lawyer Who Treats You Like Family in Your Time of Need

Mr. Ryke is an Estate Lawyer proudly serving Southfield, Michigan and the neighboring communities.

Kristen  Bedient Lawyer

Kristen Bedient

VERIFIED
Divorce, Estate Planning, Personal Injury, Trusts, Wills & Probate

The attorneys at Serafini, Michalowski, & Derkacz are proud of our successful record of serving clients throughout Michigan with experienced, personal... (more)

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CONTACT

800-786-1931

Mary T. Schmitt Smith Lawyer

Mary T. Schmitt Smith

Estate, Estate Planning, Trusts, Wills & Probate

Mary T. Schmitt Smith established the Theresa Law Center, PC in May 2005 to continue over a twenty year tradition of providing legal advocacy for clie... (more)

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Jerome George Quinn Lawyer

Jerome George Quinn

VERIFIED
Estate, Elder Law, Trusts, Living Wills, Wills

We work with our clients to help them achieve the following goals: -Control and protect their property while alive and well. -Plan for loved ones ... (more)

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CONTACT

800-493-7330

Carine J. Hails

Family Law, Wills & Probate, Wills, Divorce, Trusts
Status:  In Good Standing           

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Jill Mainster Menuck

Banking & Finance, Wills & Probate, Wills, Bankruptcy, Trusts
Status:  In Good Standing           

Joseph R. Owens

Wills & Probate, Corporate, Real Estate, Wills, Trusts
Status:  In Good Standing           

Shaheen I. Imami

Wills & Probate, Corporate, Wills, Trusts, Elder Law
Status:  In Good Standing           

Charles C. Lillie

Estate Planning, Wills & Probate, Real Estate, Trusts, Wills
Status:  In Good Standing           

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LEGAL TERMS

NET ESTATE

The value of all property owned at death less liabilities or debts.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

ENDOWMENT INSURANCE

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death.... (more...)
Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death. If the policy-holder dies sooner, the beneficiary named in the policy receives the proceeds.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

ADMINISTRATOR

A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone t... (more...)
A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone to carry out this task. administrator ad litem A person appointed by a probate court to represent an estate during a lawsuit. (Ad litem is Latin for 'during the litigation.') An administrator ad litem is appointed only if there is no existing executor or administrator of the estate, or if the executor or administrator has conflicting interests. For example, Jerry's will leaves most of his property to his brother, Jeff, and also names Jeff as executor of the will. But Jerry's sister, Janine, feels that Jerry made the will under improper pressure from Jeff, and brings a lawsuit to challenge it. The court appoints an administrator ad litem to represent Jerry's estate while the lawsuit is in progress. Also known as administrator ad prosequendum, meaning administrator 'during the prosecution.' administrator ad prosequendum See administrator ad litem.administrator cum testamento annexo See administrator with will annexed. administrator de bonis non (DBN) Latin for 'administrator of goods not administered.' This term refers to the person appointed by a probate court to finish probate proceedings when the executor or previous administrator can't finish the job.administrator de bonis non cum testamento annexo (DBNCTA) A baffling title for an administrator appointed by a probate court to take over probate proceedings when the named executor dies, leaving the job unfinished.administrator pendente lite Latin for 'administrator pending litigation.' This term refers to the person appointed by a court to begin probate proceedings during a lawsuit that challenges the will. The administrator pendente lite takes an inventory of the deceased person's property and handles the business affairs of the estate until the dispute is settled. Also called a special administrator.administrator with will annexed An administrator who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve. Also called administrator cum testamento annexo or CTA, the Latin version of 'with the will annexed.'

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

SAMPLE LEGAL CASES

In re Kostin Estate

... We find that, by statute, the trial court was obliged to honor the Totten trusts. Michigan law honors Totten trusts. MCL 487.702 provides, in relevant part: ... Michigan law also provides: Express trusts may be created for any or either of the following purposes: * * *. Fifth. ...

In re Temple Marital Trust

... But appeals from a probate court decision are on the record, not de novo. See MCL 700.1305; MCL 600.866(1); MCR 5.802(B)(1); In re Webb H. Coe Marital and Residuary Trusts, 233 Mich.App. ... In re Coe Trusts, supra; In re Baldwin Trust, supra at 396-397, 733 NW2d 419. ...

In re Mary E. Griffin Revocable Grantor Trust

... Although MCL 700.2518 does not apply to trusts, we conclude that it reflects this state's public policy that a no-contest clause in a trust agreement is unenforceable if there is probable cause for challenging the trust. ... 2 Restatement Trusts, 3d, § 29(c), pp. ...