Frequently Asked Questions

A Will directs where your assets go when you pass away and names a Personal Representative to handle your estate through probate. A Revocable Living Trust can avoid probate, maintain privacy, and simplify administration for your family.

In both Macomb County and Oakland County, probate involves filing documents with the local Probate Court and following statutory procedures. Many Michigan residents choose a Trust to reduce court involvement and simplify matters for their loved ones.

Whether you live in Sterling Heights, Troy, Washington Township, Rochester Hills, or Shelby Township, the right planning strategy depends on:

• The type and value of your assets
• Whether you own real estate 
• Whether you have minor children 
• Blended family considerations 
• Long-term care or Medicaid planning goals

Probate is the court-supervised process of administering a deceased person’s estate.

If the decedent lived in Macomb County, probate is handled through the Macomb County Probate Court. If the decedent lived in Oakland County, the matter is handled by the Oakland County Probate Court.

The probate process may involve:

• Validating the Will 
• Appointing a Personal Representative 
• Notifying heirs and creditors 
• Paying debts and taxes 
• Distributing remaining assets 

Families in communities such as Washington Township, Shelby Township, Troy, and Rochester Hills often seek to minimize probate involvement through advance planning.

Estates that are properly structured with a Trust or other probate-avoidance tools can often bypass court proceedings entirely.

There are several effective ways to avoid probate in Michigan, depending on your assets and planning goals.

Common probate-avoidance strategies include:

• Creating a Revocable Living Trust 
• Properly funding your Trust 
• Using beneficiary designations on financial accounts 
• Joint ownership with rights of survivorship 
• Transfer-on-death designations 
• Lady Bird Deeds (Enhanced Life Estate Deeds) 

A Lady Bird Deed allows a homeowner to retain full control of their property during their lifetime while automatically transferring the property upon death — without probate. Michigan is one of the few states that recognizes this planning tool.

For homeowners in Sterling Heights, Washington Township, Troy, Rochester Hills, or Shelby Township, using a Trust or Lady Bird Deed can prevent real estate from going through the Macomb County Probate Court or Oakland County Probate Court, depending on residency.

The best probate-avoidance strategy depends on:

• The type of assets you own 
• Whether you own real estate 
• Family structure 
• Long-term care or Medicaid planning considerations 

If someone dies without a Will (intestate), Michigan law determines who inherits.

Assets typically pass to:

• A surviving spouse 
• Children 
• Parents or siblings (if no spouse or children) 

This statutory distribution may not reflect the decedent’s actual wishes — particularly in blended families or second marriages.

Families in Macomb County and Oakland County are often surprised to learn that the Probate Court will apply Michigan’s intestacy laws automatically, whether the estate is opened in Macomb or Oakland.

A Patient Advocate Designation allows you to legally appoint a trusted individual to make medical and end-of-life decisions on your behalf if you are unable to communicate or make those decisions yourself.

Without this document in place, loved ones in Macomb County or Oakland County may be required to file a petition with the Probate Court to seek guardianship — a public, court-supervised process that can be time-consuming and emotionally difficult during a medical crisis.

Every adult in Michigan who has the legal capacity to execute a Patient Advocate Designation should strongly consider doing so as part of a comprehensive estate plan.

A Durable Power of Attorney allows someone to manage:

• Bank accounts 
• Real estate 
• Taxes 
• Legal matters 

Without a properly drafted Power of Attorney, your family may need to seek conservatorship through the Macomb County Probate Court or Oakland County Probate Court.

Advance planning avoids unnecessary court involvement.

When applying for Nursing Home Medicaid in Michigan, the Department of Health and Human Services reviews asset transfers made within the previous five years.

Improper transfers can result in:

• Penalty periods 
• Delayed eligibility 
• Significant out-of-pocket costs 

Given the rising cost of long-term care in facilities throughout Macomb County and Oakland County, Medicaid planning is critical.

Proper planning may help:

• Protect a primary residence 
• Preserve savings 
• Maintain eligibility