Tag Archives: colton probate law

How to Prepare to Meet With A Probate Lawyer

Probate lawyer Michael Colton is now accepting new clients to work with. Schedule your free consultation today. Many people call and ask ” what documents do I need to bring to my first Probate law meeting?”  In order to be properly prepared for your free consultation with a Michigan Probate lawyer, you will need the following copies:

  • gift tax returns Probate Lawyer Michael W. Colton, PLLC
  • deeds of property
  • prior trust agreements
  • wills or trust agreements from decedent
  • any life insurance policies
  • applications for public benefits (examples: Social Security)

Schedule Your Free Consultation With A Michigan Probate Lawyer

Be prepared for your free probate law consultation today! Call us at 248-324-0800 or contact Colton Probate Law here.

Happy Holidays From Colton Probate Law

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:

Collections 

Guardianship 

Conservatorships

Real Estate Services 

Living Trusts

Probate 

Will PreparationsHoliday Probate Lawyer

Durable Power of Attorney 

Relax and enjoy your holidays knowing that you’ve hired a trusted Probate Lawyer. Submit our Online Contact Form for a free consultation.

 

Consequences of a Poor Man’s Will

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.

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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.

Amending A Will

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 will-ammendmentshould 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.

Predisposing Factors Contributing to Undue Influence

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.