Estate Planning Services

Will – A will is a personal document whereby an individual (testator) provides a set of instructions to be followed regarding that individual’s estate once the individual passes away. Typically, within the will, the testator identifies themselves by indicating where they live, their date of birth, and their family if they have any family. The testator also designates a person or entity to handle their estate, referred to as a personal representative.

The testator then may make specific gifts (bequest) to individual and / or entities (beneficiaries) and then provide whatever is left over (residue) to go to the beneficiaries. Other specific language may provide for when the beneficiaries are to receive their bequest, to exclude certain beneficiaries from receiving a bequest, payment of expenses, tax matters and the like.

A will does not avoid Probate and is effective once admitted to the Probate Court after the death of the testator. It can be amended (codicil). If an individual has no will and an estate needs to be opened at the Probate Court, if there are assets or other issues pertaining to the deceased, the Court has a procedure known as an intestate procedure which will be followed according to Michigan law.

Trust – The common forms of trusts used in an estate plan are a revocable living trust or irrevocable living trust whereby an individual or individuals, while alive enter(s) into a contract as a grantor or settlor with another known as a grantee or trustee. The grantor or settlor and grantee or trustee may be the same individual.

The primary purpose of the standard trust is to transfer titled assets from the living individual (grantor / settlor) to the trust thereby removing that titled asset from the individuals’ personal estate in hopes of thereby avoiding the Probate process. A common example is deeding real estate (i.e. your home) to the trust. The trust then takes ownership of the asset and is managed by the trustee or grantee.

A revocable living trust allows for the grantor or settlor and trustee or grantee to be one-in-the-same. Assets during the life of the grantor or settlor may be transferred into or out of the trust unless the settlor becomes legally incapacitated whereby assets in the trust must remain there.

An irrevocable trust requires that the settlor or grantor and trustee or grantee be different individuals. Assets transferred into an irrevocable trust must remain there until the settlor(s) pass(es) away. This type of trust is largely used to not only avoid Probate, but to create an eligibility for Medicaid after a specified time period.

Once the settlor(s) pass(es) away the assets assigned to the trust are assigned to the beneficiaries. This process is done outside the Probate court as the title of the asset was in the trust, not the individual.

Financial Power of Attorney – This document allows an individual during their lifetime to appoint another individual (agent) to handle their legal affairs if the individual is otherwise unable to. Examples include collecting and managing real or personal property; buying and selling real or personal property; borrowing money; conducting business; receiving and endorsing checks; preparing, filing and signing tax returns; maintaining access to safe deposit boxes; applying for governmental benefits; and engaging in legal proceedings.



The financial power of attorney is effective only while the individual is alive. With the power of attorney, an individual may avoid the need later in life to have a guardian or conservator appointed to represent their interest.

Health Care Power of Attorney – In the event an individual requires medical assistance, the health care power of attorney allows for that individual (principal) to name another, known as a patient advocate, to make important medical decisions as it pertains to the individual. The document is effective only when the principal is unable to make these decisions due to mental incapacity. Through this document, the principal directs that certain treatment and procedures are provided to the principal once the principal is incapacitated.

The powers granted to the patient advocate include admitting or discharging the principal from a nursing home, hospital, care facility, or hospice; hiring and firing medical personnel; providing guidance on life-sustaining treatment; consulting with medical personnel in treatment procedures; and consulting with a family member on medical treatment procedures.

It is imperative to note that the principal makes their own decisions regarding medical treatment so long as they are able. The health care power of attorney is effective only when the individual / principal can no longer make these decisions and like the financial power of attorney, it is no longer effective once the person passes away.