Tag Archives: Probate

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Grinding Out Profits in a Trust Mill

I walked into an orthopedic doctor’s office the other day. He looked at me and said, “I recommend immediate bilateral knee replacements for you, sir.”   “My knees feel fine,” I said, “I came because my shoulder is hurting.”   “The shoulder can wait,” he snapped, “You need those knees replaced.”   I said, “I don’t think so,” and did Read More


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Do Not Leave your Personal Representative in the Dark

When a will is drafted for an estate plan, always compile a complete list of intestate heirs, including their addresses. Intestate heirs are relatives who would inherit if there were no will. When a will is probated it is necessary to notify all heirs, not just named beneficiaries and devisees. Excluded beneficiaries must have the opportunity to challenge the will Read More


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Michigan Designated Funeral Representative

A new law, 2016 Publ. Act 57, effective June 27, 2016, authorizes a person identified as the declarant, to designate a funeral representative to make decisions about postmortem funeral arrangements and the handling, cremation, disposition, or disinterment of the declarant’s body. MCLA 700.3206(2)(a).  The Act includes authority for cremation and determination of the right to possess the cremains, which is Read More


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No Power of Attorney? Go for Guardianship

Clients sometimes balk at signing powers of attorney. They say that they don’t need to appoint an agent because their kids are already on their bank accounts. I explain that writing a check does not resolve everything that comes up. Care and placement issues are also important. Without a POA, an incompetent person is adrift on the tide of the chaotic Read More