GUARDIANSHIPS & CONSERVATORSHIPS

Don't navigate the legal maze alone.

When a loved one can’t make or communicate their own financial or medical decisions, it’s normal to want to step in and help. Whether it’s an elderly parent or relative, a special needs child, or someone facing incapacity, everyone deserves an advocate who will protect and care for their legal and personal interests. In order to do this you need the proper legal authority, but navigating the court system can be frustrating. And really, acting on your loved one’s best interests shouldn’t be a mess of red tape.

At Alles Law, we meet with people every day who are making decisions to protect and care for those they love. We know the court rules and processes, and successfully advocate for people to become a guardian or conservator for someone they care about. We’ll guide you through our simple, three step process:

  • SCHEDULE A MEETING

    Have a free consultation to determine if pursuing a guardianship and/or conservatorship is right for you. 

  • COURT
    PROCESS

    Our team will guide you step-by-step through filing a petition and obtaining authority. 

  • ACHIEVE
    CONTROL

    Receive the proper authority to care and advocate for your loved one's best interests. 

Don’t let the legal maze prevent you from helping someone you love. Schedule a free conversation today and relax knowing your loved one will have the support and care they need to live their best life.

Guardianship & Conservatorship FAQs

In legalese: Probate is the legal process of validating a decedent's will, with court oversight and approval. The assets of a deceased person are inventoried, final debts and expenses are paid, and distributions are made to beneficiaries.

 

In plain language: When someone dies, the courts have a complex process for their estate which handles bank accounts, possessions like cars and houses, and debts. The process has rules that determine when and how to distribute money and possessions, who gets access first, and more. The rules are complex but important, and if anything in the will is contested it can get even more complicated.

 

Fortunately, there are people who know this stuff inside and out (hint: we do!) who can help navigate the process accurately, saving you time and frustration.

It can be! It depends on the size and complexity of the estate (how much money and assets does it include.) If a simple, informal probate is all that's necessary it may not be that costly. A complex and/or contested probate can get in to many thousands of dollars.

 

One thing it will certainly cost is time. Going through the court means you are at the mercy of their docket, which isn't always quick. Figuring out the rules, timeline, forms, etc. can be overwhelming and time consuming. 

If you have probatable assets, yes! That's a very "lawyer" answer so let's unpack it.

 

A probatable asset is anything that doesn't have a beneficiary designation and was owned solely by the person who died. So if Joe Smith has a bank account, he is the only owner, and he doesn't name a beneficiary (who gets his account when he dies), the asset would have to go through probate.

 

Probatable assets can include bank accounts, retirement accounts, real estate, business interests, stocks and bonds, and more. 

 

If you aren't sure if you need to go through probate, give us a call for a free conversation to help determine your options. 

There are estate planning tools available to avoid or limit going through probate, but these options need to be taken advantage of before death for an estate to avoid probate. Call today for a free estate planning consultation. 

Assets held in a properly funded trust most likely do NOT need to go through probate. A properly funded trust means any bank accounts, houses, retirement accounts, etc., are in your trust, a process called trust funding. However, simply having a trust does not mean your assets are in it, and if an asset isn't in a trust when someone dies, that item may need to go through probate.

If you don't have a will or trust when you die, the state of Michigan calls this dying intestate. To make a long story short, this means the court will determine for you who gets your assets (bank accounts, car, house, retirement savings, etc.) based on predetermined law, meaning they don't care who gets what, they just follow their set order. This typically means your closest family members will inherit your assets. For some people this is fine, while for others this is a worst case scenario. 

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