Probate FAQs
- What happens if someone dies without a will?
- What is a trust?
- What are the duties and obligation of an executor or personal representative?
- What is probate?
- Can you contest a will or trust?
Helping businesses and families for more than 30 years
Call McKenney & McKenney at 248-328-9133 or contact us online about your probate, small business, or municipal legal needs. We stand ready to help you in any way we can. Our office is centrally located between the Oakland and Genesee county courthouses and we accommodate appointments anytime, including evenings and weekends.
What happens if someone dies without a will?
State law uses a default will for anyone who dies without a will. Typically, the spouse and children of the person who died take the property. If there is no spouse and no children, the decedent’s parents take the property, followed by siblings, grandparents, and children of the grandparents. If no close relation can be found, the property eventually belongs to the state. Note, though, that as part of the probate process, the decedent’s creditors lay claim to the property after certain allowances for spouse and children.
What is a trust?
In a trust, a party known as the trustee has legal control of property transferred to him by the person making the trust (the grantor). Trust assets are invested and or managed for the benefit of one or more beneficiaries. A trust can be living, that is, established during the grantor’s lifetime, or testamentary, established in a will. A trustee can be either an individual or an institution, such as a bank.
What are the duties and obligation of an executor or personal representative?
The executor or personal representative follows state law to wrap up the decedent’s affairs, including the following:
- Giving the proper notices to proper parties
- Collecting the decedent’s property
- Receiving claims against the estate
- Paying valid claims and disputing others
- Distributing estate property according to the will or state law
Selling estate property to cover debts or allow for proper distribution may also be necessary.
What is probate?
Probate is the legal process of paying taxes and debts against the estate after someone dies. After probate, your property passes directly to your beneficiaries. Administering the estate involves the following steps:
- Proving in court that a deceased person’s will is valid
- Identifying and inventorying the deceased person’s property
- Property appraisal
- Paying debts and taxes
- Distributing property as directed by a will
- Transferring title and ownership of assets to the proper beneficiaries
Can you contest a will or trust?
Yes, you can contest the will when the person who wrote the will or trust was forced, deceived, mentally incompetent, or duly influenced.
