It’s always the holidays that brings families together. This is also the time that people think about protecting the ones they love from the unexpected. This is what Michael Colton at Colton Probate Law is here for.
Colton Probate Law in Michigan offers a variety services to put your mind at ease during the holiday season such as:
Relax and enjoy your holidays knowing that you’ve hired a trusted Probate Lawyer. Submit our Online Contact Form for a free consultation.
A “Poor Man’s Will” can have many unintended consequences that your family may not be equipped to handle. A poor man’s estate plan is when you simply just add all of your adult children to all of your accounts and property (joint tenancy) instead of getting a will drawn up. It is called a “Poor Man’s Will” because it doesn’t require hiring a lawyer for your estate planning needs. While it may seem like a good idea at the time, there have been many cases in which this plan has backfired. Without a will , your property is subject to distribution by Michigan’s Intestacy Laws, which means that your property could possibly be passed on to the state of Michigan.
Four incidents where the Poor Man’s Will can been challenged.
Death
If the person who shares joint tendency dies within 120 hours of the original owner of the property, the inheritance would be distributed according to Michigan’s Intestacy Laws.
Creditors
Once you add a person on your name and accounts, their creditors now can try to lay a claim to their assets if they carry a lot debt.
Divorce
When the person in joint tenancy is in the middle of a divorce, the spouse can try to claim the joint assets as apart of their joint estate.
Inheritance
All of the inheritance will go to the person that shares joint tenancy and this person may not honor your wishes on how to distribute the inheritance among descendants.
It is not advised to attempt to create a will on your own. You need to hire a trusted Probate Lawyer to assist you. Contact Michael Colton at Colton Probate Law for a free consultation.
Codicil is an amendment or change to a current will. A codicil is meant for small changes or additions. A codicil cannot change the meaning or overall purpose of the will. Also, if the codicil requires multiple cancellations ,or multiple addition, it may be easier to make a new will because the intent of the current will can become unclear. If it is unclear, then you are leaving room for it to be challenged by someone.
There are many things that you should consider when adding a codicil before you touch the actual will. On a separate sheet of paper, write down specifically which portions you want to change and how you want to change them in the will. It is also important to state that the new changes from the codicil revoke the previous versions of the will and that it is effective the day that the codicil is signed. Then, contact your probate attorney with this document.
BEFORE attempting to alter a will, you 
should ask a probate lawyer to answer the following questions:
If you previously made a codicil to your will, can you replace it with a new codicil?
Do you have to draft a new will or can you just make a codicil?
How often according to Michigan state law can you make changes to my will?
Michael Colton is your probate lawyer that can answer all of your probate and estate planning needs. With years of experience in building client-attorney relationships based on trust. Contact Michael Colton for a free, no obligation consultation.
In probate law, “undue influence” is the most common ground for will contests. Undue influence is defined as influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences. Furthermore, “undue influence” is only an issue when the advisor is directly benefiting from the will. If the advisor is getting a benefit from someone else then it is considered fraud. Three classes of variables can contribute to Undue Influence which are predisposing factors, vulnerability enhancers , and execution variables. This blog post is only focusing on predisposing factors in Michigan.
Predisposing factors are certain characteristics that make an individual susceptible to being manipulated.
Some predisposing factors are:
Diminished Mental Capacity
A diminished mental capacity can occur when mental functions deteriorate in effectiveness. Someone who is having trouble recalling information must depend on someone else’s memory. This puts the person with a diminished mental capacity at risk for being exploited.
Depression
During depression people experience intense negative feelings and poor mental functioning. This includes having problems with concentration, attention, memory, and other cognitive functions. The other symptoms of depression such as lack of energy, social withdrawal, sleep disturbance , and apathy make the depressed people more susceptible to abandon things that require significant thought or effort.
Dependency
People depend on other people for a variety of reasons. People can depend on others for the following reasons including physical assistance, psychological needs, emotional attachment, mental stimulation and social connectivity.
Other predisposing factors are death of a spouse , social attention, undetected pathology , isolation and anxiousness. Do you believe your love one was a victim of predisposing factors that lead to undue influence? Contact Colton Probate Law today to request an appointment.
Before your done skydiving, traveling Europe and swimming with sharks, consider getting the more important things together before your time passes. No one wants to think about their death or what will happen after they die but it will give your loved ones and friends more understanding about your personal things so there is less to handle after your death and with in probate law, allowing you to leave with peace of mind.
A few things you want to do to get your affairs in order before Probate Law:
1. Up to date Will: Make sure you have a will and it is up to date. If someone dies without a will, Michigan law has rules for what will happen with that persons property. This is called a person dies intestate, Probate courts in Michigan establish a probate estate where the probate court determines who will acts at the deceased representative and who will receive any assets that were left.
2. You want to appoint someone to manage your affairs, Power of Attorney: If you become sick and unable to take care of yourself or if something were you happen to you someone has to be responsible to pay your bills, deposit your money and manage your financial affairs.
3. Name a guardian: If you have children that are dependent you need to appoint a guardian to take care of them if you are not able to or pass away. Note: If you have a disabled child, find a specialist who knows the laws and benefits under Medicare and Medicaid and can coordinate asset planning. If everything is left to a disabled child they will not be able eligible for aid. Also known as special-needs planning.
Some people write a will to avoid probate laws but probate court has been simplified and Micheal Colton Probate Law attorneys in Farmington MI cater to Oakland County residents and are here to help you and your family with their probate planning. Contact Our Law Office today to talk to our probate planning attorneys and specialists to receive a no-obligation consultation about: Estate Planning, Probate Court, Probate Law, Wills and Trusts, Living Wills, Michigan law, Power of Attorneys.
Serving clients in Detroit, Wayne County, Oakland County and other metro area communities since 1979.
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