Probate and Estate Law
Probate, Wills and Estates address what happens to a person’s belongings and property after they pass away or become incapacitated and unable to manage their own affairs. An estate is generally the grouping of property, assets and debts a person owns or has rights to. Wills are a planning tool that a person may elect to use to provide instructions to the Court and loved ones on how they want their estate distributed after they pass. Probate is the process and type of Court that handles the administration of a Will and distribution of an estate, including appointing a Personal Representative and providing notice to creditors.
Probate Courts also handle the estate or decision making for an incapacitated adult, whether due to illness related to age, mental health, cognitive impairments or injuries. When a person cannot manage their own finances, or daily care, the Court can appoint and oversee someone to do so under a Guardianship or Conservatorship, or both.
Whether you are in the planning stages of determining and ensuring your property is handled according to your wishes when you pass away, or you are a loved one struggling to ensure the proper management of a family member or friend, or the distribution of the assets and debts after your family or friend has passed away, at Schmeltzer Law I can assist you with navigating this sometimes complicated legal network of managing the care and property of a loved one, or planning and distributing property after a loved one has passed.
Probate and Estate Law
Probate, Wills and Estates address what happens to a person’s belongings and property after they pass away. An estate is generally the grouping of property, assets and debts a person owns or has rights to. Wills are a planning tool that a person may elect to use to provide instructions to the Court and loved ones on how they want their estate distributed after they pass. Probate is the process and type of Court that handles the administration of a Will and distribution of an estate, including appointing a Personal Representative and providing notice to creditors.
Whether you are in the planning stages of determining and ensuring your property is handled according to your wishes when you pass away, or you are a loved one struggling to ensure the proper distribution of the assets and debts after your family or friend has passed away, at Schmeltzer Law I can assist you with navigating this sometimes complicated legal network of planning and distributing property.
Probate & Will Contests
Probate courts are a special court division that handles matters related to the settlement and distribution of a decedent’s estate, whether he or she had a Will (Last Will and Testament) or passed away without a Will (intestate). Probate courts will also handle disputes that may arise relating to trusts, whether created during the settlor’s (the person who funded and created the trust) lifetime or after his or her death (although if there are no disputes, traditionally a trust matter would not go through probate court).
Power of Attorney
A Power of Attorney is a special estate and life planning tool and legal document which gives someone of your choosing the power to act in a legal capacity in your place. This creates a special trust relationship, where the person you have appointed must act in your best interests, and not theirs or anyone else’s interests.
Advanced Healthcare Directives
An important right we have is that we can make our own decisions about our healthcare and treatment plans, and it is central to our concept of dignity, independence, and freedom in America. A competent adult has the right to consent or refuse medical treatment or medical services. However, due to illness or injury, one may not be able to communicate his or her wishes with respect to the medical treatment they desire to consent to or refuse.
Schmeltzer Law, your Probate & Estate attorney in Traverse City and Northern Michigan!
Schmeltzer Law is based in Traverse City, Michigan, and practices throughout the state of Michigan.
Probate & Will Contests
Probate courts are a special court division that handles matters related to the settlement and distribution of a decedent’s estate, whether he or she had a Will (Last Will and Testament) or passed away without a Will (intestate). Probate courts will also handle disputes that may arise relating to trusts, whether created during the settlor’s (the person who funded and created the trust) lifetime or after his or her death (although if there are no disputes, traditionally a trust matter would not go through probate court).
Power of Attorney
A Power of Attorney is a special estate and life planning tool and legal document which gives someone of your choosing the power to act in a legal capacity in your place. This creates a special trust relationship, where the person you have appointed must act in your best interests, and not theirs or anyone else’s interests.
Advanced Healthcare Directives
An important right we have is that we can make our own decisions about our healthcare and treatment plans, and it is central to our concept of dignity, independence, and freedom in America. A competent adult has the right to consent or refuse medical treatment or medical services. However, due to illness or injury, one may not be able to communicate his or her wishes with respect to the medical treatment they desire to consent to or refuse.
Schmeltzer Law, your Family Law attorney in Traverse City and Northern Michigan!
Schmeltzer Law is based in Traverse City, Michigan, and practices throughout the state of Michigan.