It is no secret that probate in Michigan can be considerably complicated and derail an otherwise smooth estate process. It can be especially overwhelming for folks not privy to the laws, rules, and regulations associated with estate settlement. This is why we always suggest seeking the help of seasoned probate lawyers in Michigan.
These lawyers possess the insight and skill necessary to handle a situation as challenging as probate while families deal with losing a loved one. People underestimate just how significant of a role probate attorneys can play in helping people stave off the stress of handling the probate process.
In this article, we want to stress just how helpful probate lawyers can be during the settlement of your estate.
However, let’s understand what probate is before we take a closer look at the benefits of hiring a seasoned Michigan probate attorney.
What is Probate?
As far as the state of Michigan is concerned, Probate is a court-supervised legal process that is undertaken to validate a deceased person’s will. Probate usually becomes necessary when the original owner of the estate passes away without composing a legitimate will. Probate is used under such a circumstance to determine how the assets are to be allocated fairly.
A Michigan court undertaking the probate process will first review all the assets, clear any debts on the estate, and finally ensure the remaining value of the estate is distributed fairly to the appropriate beneficiaries.
The court will hire an executor to ensure this process is carried out smoothly. As we said, the probate process will mostly come into effect in the absence of a legally binding plan to settle an estate like a will or trust.
Most families will struggle to handle the boatloads of paperwork or understand the legal requirements associated with the process unless they have a qualified Michigan probate attorney by their side.
So allow us to explain why hiring a probate lawyer would be immensely beneficial to you.
Role of a Probate Lawyer
Think of probate lawyers as professionals who specialize in the realm of estate law. These professionals possess years of expertise and insight and can to help you handle the probate process in a considerably more convenient and stress-free manner.
Here’s what you can expect when you hire a typical Michigan probate lawyer
1. A Better Understand of Legal Requirements
Laws surrounding probate in Michigan can be rather complex and confusing for a layman without any legal background. A lawyer who specializes in estate law will be privy to these laws. They’ll be in a better position to explain these laws to you in a manner that is easy to understand. They’ll explain what the process entails and help you avoid any legal pitfalls that may come your way.
2. Expedite the Probate Process
Not only is the probate process complicated, it can also be excruciatingly lengthy. A typical probate process can last anywhere between seven months to an entire year. Furthermore, you can expect the process to extend way beyond a year if there is a dispute between beneficiaries regarding the distribution of an estate.
A good Michigan probate lawyer will do everything in their knowledge to expedite this process. They’ll ensure all the necessary paperwork is done on time, no important documents are missing, and handle communications with the court consistently. Their efforts can streamline the entire probate process so families have a smoother time settling the estate.
3. Reviewing and Managing Assets
Review estate assets is an integral part of the probate process. Your probate lawyer will take it upon themselves to account for the value of each asset belonging to your estate. This includes real estate, stocks, bank accounts, business interests, etc.
They’ll work hand-in-hand with professional accountants and bookkeepers to ensure all assets are valued accurately and in compliance with Michigan’s laws.
4. Debt Settlement
Debt settlement is another crucial aspect of the probate process. A good lawyer will take all outstanding debts on an estate into account and try to manage them as efficiently as possible. They’ll review the debts carefully to clear those that are valid and reject creditor claims when necessary.
You can count on your probate lawyer to protect the value of your estate against claims made by certain creditors. A good attorney will try to keep the worth of a beneficiaries’ inheritance intact.
5. Protection from Legal Challenges
Disputes during the settlement of an estate are quite common and usually take place when a clear will or trust isn’t present. One of the things a seasoned probate lawyer does best is take such a legal challenge head-on.
A seasoned lawyer will use their knowledge of Michigan’s estate law to navigate this challenge and serve in the best interests of the estate. You can count on them to mediate during conflicts, negotiate with the disgruntled parties, and defend the validity of a will if it exists.
6. Managing Estate Taxes
While Michigan is a no-estate tax state, your estate might still be subject to federal estate taxes. Taxes can significantly reduce your beneficiaries’ inheritance. Fortunately, most estate planning and probate attorneys know how to handle this situation.
They can employ certain tax-mitigating strategies and undertake all the necessary filings to ensure your estate’s value isn’t eroded by high taxes.
Concerns When Hiring a Probate Lawyer
The above reasons make a good enough case in favor of hiring a lawyer. You can now start searching for the “best probate lawyer near me” online. However, there are still those who’ll refrain from seeking help because they are afraid of the fees they might have to pay for legal assistance.
You need to understand that the fees you pay to a probate lawyer would be nothing compared to the money you’ll have to part ways with during a prolonged probate process. A probate lawyer will use their expertise and skill to expedite the process, avoid any legal mishaps, and thus save you a ton of money in the process.
Plus, when you search for a probate lawyer nearby, you are bound to find options that offer flexible payment plans that aren’t a burden on your wallet.
Conclusion
The probate process in Michigan is no joke. It can be overwhelming, to say the least, and profoundly stressful at its worst. You cannot navigate it without proper professional help. This is why we suggest you hop onto Google and start searching for the best probate lawyer near me.
A good probate attorney or law firm would have substantial experience, enjoy a great track record, and be experienced in the estate laws of Michigan.
That is exactly what you get when you hire the attorneys at the offices of Sean Patrick Cox. For years now, we’ve helped many navigate Michigan’s complicated laws when it comes to estate planning and probate.
If your wish is to have a smoother estate process, we suggest you give us a call right away at The Law Offices of Sean Patrick Cox.
The Law Offices of Sean Patrick Cox is a lawyer. Sean practices in two main areas, family law, and elder law. he has represented clients in complex divorce cases since 1994.
