Legal Question in Wills and Trusts in Michigan

if there is a will does it probate

is there a thing called automatic probate and is there anything called power of attorney does everything go right to probate if there is a will. if we make out our own wills are they legal


Asked on 9/27/06, 7:49 pm

2 Answers from Attorneys

Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: if there is a will does it probate

When someone dies in Michigan with assets in their name that require post death transfer a Probate process is required with or without a Will. There are ways to help streamline, reduce and even eliminate the need for Probate. Some of those ways can put your assets at risk (so we would NOT recommend them). Some ways are very safe. I suggest you consult with a qualified estate planning attorney who can make sure your planning not only helps make sure you avoid Probate but also protects you and keeps you in control for the rest of your lives.

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Answered on 9/27/06, 8:31 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: if there is a will does it probate

If you prepare your own wills, they may or may not be negotiable. It is impossible to tell without reviewing them. If you reside in Michigan, the wills must comply with Michigan law. A will that does not comply with Michigan law is worthless.

There is no such thing as "automatic probate." There is such a thing as a power of attorney. This document permits someone to make financial decisions for an incapacitated or absent person.

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Answered on 9/28/06, 4:54 pm


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