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When someone passes away or becomes unable to manage their own affairs, Michigan’s probate courts step in to make sure things don’t fall through the cracks. An experienced estate administration lawyer guides families through this process, ensuring that assets are protected, responsibilities are handled correctly, and the court’s requirements are met. This helps give families a structured, legal path forward during some of life’s hardest moments.
For families dealing with a death, probate ensures that a loved one’s finances are handled properly. The court confirms what assets the person owned, makes sure legitimate bills and expenses get paid, and ultimately supervises the transfer of the remaining property to the right beneficiaries or heirs. If the person left a valid Will, the court generally honors their wishes; if not, Michigan’s intestacy rules decide who inherits. Any property titled solely in the decedent’s name typically has to move through this process before it can be legally transferred.
Probate also protects people who are still living but need help. When an adult loses the ability to make safe decisions — or when a minor doesn’t have a responsible adult in place — the court can appoint a guardian or conservator. Guardians help with personal and medical decisions, making sure the individual’s daily needs are met. Conservators handle financial matters, from managing income and investments to paying bills. A knowledgeable estate administration lawyer ensures that the court uses the least restrictive approach possible while still protecting the vulnerable individual’s well-being.
The probate court applies procedural rules and statutory laws, primarily under Michigan's Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq. Our firm has extensive experience with EPIC and probate court procedures.
There are tax planning opportunities when dealing with probate estates, but also many more pitfalls. Government benefits and the risk of losing them are also an element of this practice area that requires attention and expertise.
At Gaggos Flaggman, our practice includes extensive experience with:
Because probate and estate administration often intersect with tax law, government benefits, and complex asset structures, working with a seasoned estate administration lawyer can help avoid costly mistakes and streamline the entire process.