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(EMAILWIRE.COM, August 25, 2010 ) West Bloomfield, Michigan – Clients often have uncertainty regarding the process after death. We sought out Michigan’s premier Estate Planning Attorney and Probate Litigator, Joseph J. Dadich to answer what the typical roles, such as trustee and executor, and explain their executor duties. He goes on to mention a couple post-mortem steps such as gathering assets and cautions against retitling assets until talking with the attorney.
At a recent Estate Planning Seminar in Detroit, Michigan, Mr. Dadich took us through who has the responsibilities of those involved in a Michigan Probate, as follows:
Executor
The Executor, Executrix or Personal Representative, has the duty of safeguarding and managing assets.
Trustee
The Trustee is the person in charge of managing and distributing any assets held under a Trust.
Mr. Dadich further explained, “... the main issue when a loved one dies is whether or not you are receiving some kind of benefit from the Estate or Trust. This is critical since you may not be able to sue if you later feel you have been shafted by your loved one…”
Agent under Property Power of Attorney
The Agent who was acting under the Property Power of Attorney no longer has authority once the Principal has died.
Agent under Health Care Power of Attorney
The Agent may have authority to allow for organ donation or cremation.
Guardian
A guardian is a person nominated in the Will to care for the decedent's minor children.
“The first step is for the family to make any funeral arrangements. Immediately after death, the Executor or Trustee will need to make sure any assets are safe. For example, if the decedent lived alone, it would be wise to change the locks on the door to prevent someone with an errant key from gaining access.”
Joseph reiterated that as a Wills and Trusts Lawyer in Oakland County, Michigan you need to have an experienced attorney that has done the probate litigation, created estate plans, petitioned for guardianships and conservatorships when you look at which attorney should assist you. “There are many pitfalls even so-called experienced probate attorney’s fall into. That is why you really need an Oakland County Michigan Probate Litigator and Estate Planning Attorney that will protect your rights to handle your family’s probate.”
The attorney will help guide you through the next steps, which will be unique to your circumstances. He will also help you circumnavigate the many potential pitfalls and achieve the best result possible.
Joseph J. Dadich, Michigan's #1 Emergency Estate Planning Attorney created the 'Emergency Estate Planning Blueprint for Busy FamilyÂ’ and is MichiganÂ’s top Probate Litigator. Visit www.emergencyestateplanningin20minutes.blogspot.com or call the office at 248.358.6965 for interviews.
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