The probate court is not a comfortable setting for an estate handling. Not only are the emotions and stress high from losing someone dear, the process can either be long and arduous, quick and painless, or avoided all together. Michigan Attorney Dean Patrick has compiled a list of questions that he typically receives from his clients. Mr. Patrick feels that anyone who is represented by him needs to be fully aware of possibilities and outcomes. Please refer to any of the below FAQs for initial information and, if you have more questions, contact The Patrick & Associates, PLLC., PLLC at (248) 663-2556.
Q. Can I avoid probate?
A. Yes. If you do not have assets in your name or are proactive and plan while you still have capacity, you and your loved ones can avoid court. Please contact our office to solidify your plans, as we have seen clients come to us with incomplete trusts. Mr. Patrick does not want your attempts at legal efforts to be discounted, and he would like to ensure that your wishes would be executed as you see fit.
Q. Are there costs associated with probate?
A. Yes; there are monetary and time costs. Realistically, the process typically takes less than a year, but can be avoided if initial planning steps are taken.
Q. If I make a will does my estate avoid probate?
A. No. A will is administered by the court. However, establishing a legal trust often allows to be avoided. Because there are many different types of trusts, contact our law office so we can better assess your situation.
Q. If I do not estate plan, will the probate court be involved with my estate?
A. If you do not take the time to plan for your estate, the probate court will be involved with very few exceptions.
Q. Are probate court records public?
A. With some exceptions, court records are made public. People could access information regarding the value of the estate, name and contact information of the beneficiaries, and other private details.
Q. Does my property receive a stepped up basis if it passes through the court?
Contact Dean E. Patrick at his Southfield, Michigan office at (248) 663-2566 or click here to arrange your free initial consultation regarding any legal matters, including.