If a person becomes incapacitated without written Powers of Attorney, a court proceeding will be required to appoint someone to make financial and health care decisions. The probate judge will name a conservator to manage finances and a guardian to assist with medical and placement decisions. Competent legal counsel is essential to protect the incapacitated person’s rights and preferences during this process.
The probate court has exclusive authority over estates, guardianships, and conservatorships. If a family member dies or becomes incapacitated, the probate court — not other civil courts — handles the matter. A properly funded Revocable Living Trust can often avoid probate altogether.
The goals of probate are to account for the decedent’s assets, pay valid debts, and distribute the estate. Property held solely in the decedent’s name is transferred through probate. If there is a Will, the court follows it; if not, Michigan’s intestacy laws apply to determine heirs and appoint a personal representative.
In guardianship and conservatorship matters, the goal is to appoint a responsible person to care for the individual and manage their assets. A guardian oversees personal care, and a conservator manages financial matters.
The probate court applies procedural rules and statutory laws, primarily under the Estates and Protected Individuals Code (EPIC). As probate experts, we have deep technical and practical experience with EPIC and probate court procedures.
We also have extensive knowledge of fiduciary standards, accounting requirements, and how probate law interacts with real estate, business, and tax laws — allowing us to provide a thorough and strategic approach for our clients.
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Only assets held in the decedent’s individual name are subject to probate. Property owned jointly with others typically passes directly to the surviving owners without going through probate.
If a person is incapacitated and cannot handle financial affairs, the probate court will appoint a conservator. The conservator must manage all assets and account annually to the incapacitated person
If a person becomes incapacitated and cannot make medical or treatment decisions, a court proceeding may be necessary to appoint a family member or other person to help (i.e. a “Guardian”).
The probate court has jurisdiction over disputes concerning Estates, Trusts, Guardianships, and Conservatorships. Trusts generally avoid probate, but any dispute over a Trust’s administration is adjudicated
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