Jamie Ryan Ryke Esq.
The Law Offices Of www.SavedMe.com
24725 West Twelve Mile Road Suite 110
Southfield, MI 48034
If you are currently in a situation where
you’ll be dealing with the Michigan
state court system in relation to a probate
or estate related matter, or if you think
that you will be in this kind of situation
in the near future, it is important that you
hire an attorney that knows the ins and outs
of Michigan probate law.
Probate law has to do with the handling of
an estate when someone, such as a family member
or other loved one, passes away. These are
the laws that make sure that the creditors
are paid properly and that assets are distributed
to the “heirs,” or the descendant.
When you find yourself in a situation where
you’ll be dealing with probate law,
it’s a good idea to already have in
mind what you are going to need to do.
What exactly is Probate? Probate is a legal
process that begins with a “petition”
(a request) to open the estate and name a
personal representative who is responsible
for the administration of the deceased’s
property. The next step is when an official
Notice of Creditors is printed in a local
newspaper and Notice of Administration is
sent to other involved parties. Creditors
then have a set amount of time to file their
claims from the first date of publication.
Then the personal representative can pay the
debt and distribute the remaining estate.
Finally, a petition for discharge is filed,
and the estate is closed.
While on one hand, this may sound simple,
probate law and the handling of estates is
in fact a complex system, which presents you
with multiple requirements and tasks to be
preformed by the personal representative,
an experienced attorney and a tax consultant.
For example, an estate including only a single
house and single bank account that has been
left to a single beneficiary will probably
be a far easier and quicker process to deal
with than an estate containing multiple houses
that are located in various states, and that
are left to multiple beneficiaries. This becomes
especially difficult if an estate includes
leaving assets to a minor.
The Probate Process
By The American Bar Association, Public Education
Probate is the court-supervised legal procedure that determines the validity of your will. It affects some, but not all aspects of your estate. Non-probate assets, like a life insurance policy, are paid directly to the beneficiary.
Upon your death, your will is filed with the probate court and its validity determined. All property, debts, and claims of the estate are inventoried and appraised. All valid claims of the estate are collected, and the remainder is distributed to beneficiaries according to the will.
What To Do When A Family Member Dies
This is probably the most critical time of the Probate process. At this point, your goal should be to locate the decedent's Will and marshal his or her assets to prevent any dissipation of the estate.
The Law Offices of Thav and Assoc. is a Michigan law firm that focuses on estate planning, trusts & estates, wills, probate, asset protection, conservatorship, guardianship, real estate and transactional law, and litigation related to these areas.
From within the Metro Detroit area our law firm represents clients from not just Detroit, but all of Southern Michigan, including Wayne County, Livingston County, Oakland County, Macomb County, and Washtenaw County.
Please call (248) 945-1111 for assistance in Michigan and Surrounding Areas.
DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter