Estate
Planning is another area of the law that especially requires the
assistance of an attorney who can do more than recite statutes and
case law. When preparing Wills, Trusts, Living Wills, Powers of
Attorney and other documents to plan and transfer property, the
attorney must be able to carefully work with the client to determine
what purposes the client wishes to achieve through the instrument
that is being drafted. After preparation of the requested documents,
we carefully review them with the client and, if requested, their
families, to insure that the clients wishes will be followed. Our
attorneys will provide information to minimize probate costs and
inheritance taxes. The attorneys who practice Estate Planning are
members of the Probate Section of the Michigan Bar Association.
FIVE REASONS WHY YOU NEED A WILL
- To Select Your Heirs
- The intestate succession laws of the State of
Michigan will determine how your property will be
distributed after death in the absence of a valid
Will.
- Failing to prepare a Will allows the state to select
the beneficiaries.
- A Will allows you to determine who will receive the
property and how much each of your beneficiaries will
receive.
- To Minimize Taxes
- Hidden resources, such as life insurance policies
naming you as the insured, qualified retirement plan
benefits and IRA's, may balloon your estate and
subject it to federal estate tax.
- Michigan inheritance tax will apply to your estate if
it exceeds certain limits. A Will, properly prepared,
can alleviate the tax burden for many estates.
- To Appoint a Guardian
- A Will can be used to name a guardian for minor
children in the event of the death of you and your
spouse.
- A guardian named does not bind the guardian nor the
court, it does indicate the decedent's wishes, which
the probate court will generally try to accommodate.
- To Name an Executor
- Without a Will, you cannot choose someone whom you
trust to carry out the administration of the estate.
- If you do not specifically name an executor in your
Will, the court will appoint an administrator.
- To Establish Domicile
- You may want to establish domicile in Michigan, for
tax or other reasons.
- If you move frequently, or have homes in more than
one state, each state in which you reside could claim
your state of domicile upon your death. Estates
subject to multiple probate proceedings and
overlapping claims for state death or inheritance
taxes will put less money in the hands of your heirs.
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