Legal Question in Wills and Trusts in Michigan

Re: Will vs Trust

It is impossible to say without seeing the terms of the will. If there is a will, the person who is the personal representative must be given that authority by the court alone. In that sense the will goes through probate. If there are few assets that are not transferred outside probate, then those assets will be listed on the inventory.

A trust does avoid probate. What is needed is a will that designates that all assets pour-over into the trust. The trust is then administered by a trustee who does not need to be given power by the court.

If you have further questions, please contact me via my website. Many attorneys charge high fees to prepare a pour-over will and trust. I do not.

Re: Will vs Trust

there is not enough information here to form an opinion. You should check out my website for more information. Www.kliszlaw.com. Or contact me further to discuss. Tim Klisz

Re: Will vs Trust

Let me clear this up for you. I have been specializing in estate planning for over 25 years. This is all I do. There is not a will in the history of mankind that does not go through the probate process IF THE ASSETS are in a persons individual name without a beneficary ( including transfer on death), joint owner with survivorship or in a trust.

To answer your question regarding your grandmother there is not enough facts.

As for a trust here is a link to my web site which has many articles on estate planning, particluarly a chart comparing all types of planning side by side.

http://www.thecenterforelderlaw.com/CM/Custom/TOCArticles.asp

A living trust is usually much superior to a will, but they may not be for everyone in all circumstances. For instance a home in a trust is a countable asset for the nursing home. A lady bird deed may be a better way.

If I can be of assistance do not hesitate to contact me.

Don Rosenberg

www.tcfel.com