WHAT HAPPENS AFTER SOMEONE DIES?
Losing a loved one is emotionally overwhelming. Unfortunately, families are often expected to make important legal and financial decisions almost immediately.
Many people assume that once a death certificate is obtained, banks simply release accounts and property automatically transfers to family members.
In Michigan, that is rarely the case.
When assets are owned solely in the deceased person’s name and do not have beneficiary designations or trust ownership, a formal or informal probate administration may be necessary before property can be transferred to heirs.
WHAT DOES A PERSONAL REPRESENTATIVE DO?
A Personal Representative serves as the legal representative of the estate.
Responsibilities commonly include:
- Filing petitions with the Probate Court
- Providing notices required by Michigan law
- Identifying heirs and devisees
- Locating and valuing estate assets
- Paying valid creditor claims
- Filing required tax returns
- Managing real estate
- Selling assets when appropriate
- Preparing inventories
- Maintaining estate accounting records
- Distributing remaining assets
- Closing the estate
The role carries fiduciary responsibilities that continue throughout the administration process.
WHY FAMILIES HIRE AN ESTATE ATTORNEY
Many estates are never contested.
That does not mean estate administration is simple.
Michigan law establishes deadlines, notice requirements, creditor procedures, inventory requirements, fiduciary duties, and accounting obligations that must be followed even when every family member gets along.
An attorney helps ensure the Personal Representative complies with Michigan law while avoiding unnecessary delays and costly mistakes.
WORKING TOGETHER WITH OTHER PROFESSIONALS
Estate administration is rarely handled by one professional alone.
Depending upon the estate, your attorney may coordinate with:
- Certified Public Accountants
- Financial Advisors
- Realtors
- Bank Trust Departments
- Appraisers
- Insurance Professionals
- Business Valuation Experts
Each professional contributes specialized expertise while your probate attorney coordinates the legal process.
WHEN SHOULD YOU CONTACT AN ATTORNEY?
We recommend contacting an attorney as soon as possible after a death if:
- There is real estate.
- The estate includes a business or farm.
- Family members disagree.
- A trust is involved.
- There are creditor concerns.
- Medicaid issues exist.
- Minor children are beneficiaries.
- Assets are difficult to locate.
- There are questions about the validity of a Will.
Early legal guidance often saves considerable time and expense later. If you have questions or would like to discuss your legal rights and options, contact Great Lakes Family Probate & Estates to schedule a confidential consultation at (888) 554-5373, or fill out the form below. Our attorneys are here to provide experienced guidance and trusted legal representation.