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Detroit Wills & Probate Lawyer, Michigan


Includes: Estate Administration, Living Wills, Wills

MARY BETH  LEIJA Lawyer

MARY BETH LEIJA

VERIFIED
Divorce & Family Law, Social Security, Personal Injury, Wills & Probate, Elder Law
Full service law firm serving Detroit and surrounding areas for 38 years.

Attorney Mary Beth Leija is highly knowledgeable and experienced in family law. She is here to guide you and your loved ones out of tough, stressful, ... (more)

FREE CONSULTATION 

CONTACT
Carl M. Woodard Lawyer

Carl M. Woodard

VERIFIED
Criminal, Accident & Injury, Divorce & Family Law, Wills & Probate, DUI-DWI

Mr. Woodard has over 30 years of experience helping clients in Dansville, MI.

Frank Westley Jackson Lawyer

Frank Westley Jackson

VERIFIED
Divorce & Family Law, Labor Law, Employment, Wills & Probate

As a lawyer with more than 38 years of corporate law experience (City of Detroit Law Department and the Office of the General Counsel, Blue Cross, Blu... (more)

FREE CONSULTATION 

CONTACT

800-973-8771

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)

FREE CONSULTATION 

CONTACT

800-646-0920

David B. Mammel Lawyer

David B. Mammel

VERIFIED
Estate Planning, Wills & Probate, Real Estate, Business, Litigation

My father passed away from cancer just before my 21st birthday in 1987. As a physician in his own professional corporation, he worked hard and, alongs... (more)

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)

FREE CONSULTATION 

CONTACT

800-786-1931

Thomas J. Tomko Lawyer

Thomas J. Tomko

VERIFIED
Felony, Misdemeanor, DUI-DWI, Bankruptcy, Wills & Probate
(586) 795-8822 Criminal Defense - Macomb - DUI DWI - Drunk Driving - Misdemeanor/Felony - Bankruptcy

When its YOUR legal matter, its important, and EXPERIENCE COUNTS. Get your BEST DEFENSE by calling the Law Office of Thomas J. Tomko. Our Attorneys... (more)

FREE CONSULTATION 

CONTACT

800-850-1171

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)

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)

FREE CONSULTATION 

CONTACT

800-493-7330

Robert E. Kass

Wills & Probate, Estate Planning, Tax
Status:  In Good Standing           

Free Help: Use This Form or Call 800-943-8690

Call me for fastest results!
800-943-8690

Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

SAMPLE LEGAL CASES

In re Temple Marital Trust

... Wallace Temple, Petitioner-Appellant, v. Clinton Probate Court Ralph Temple and Dean Temple, Respondents-Appellees. Docket No. 273911. ... Petitioner petitioned the probate court to construe the trust as not allowing Clarence to amend it after Florence's death. . . . ...

In re Smith Trust

... The respondent refused to sell the property to the petitioners. The petitioners filed a petition in the Sanilac County Probate Court, seeking to compel the sale of the land pursuant to the lease agreement. ... As a result, the probate court held that no enforceable agreement existed. ...

In re Kostin Estate

... In Docket No. 272767, respondent Camille A. Kent appeals as of right the probate court's judgment and order following a bench trial, interpreting a will and trust, determining heirs and devisees, and determining title to property after decedent Juanita Kostin's death in 2004. ...