“People don’t consciously PLAN TO FAIL—
but many do FAIL TO PLAN!”
Create Your “Plan” for the Future
Attorney LINDA G. ANDERSON offers viable solutions to your Estate Planning, Probate, Trust Administration, Guardianship and Conservatorship matters.
Estate Planning
Is a Will Necessary?
Do you want the state to determine who will inherit your assets????
Do you want the state to appoint a guardian for your children????
A Will can assist you to avoid some of the costs and many complications for your heirs upon your death. It allows your final instructions to be carried out protecting your property, vehicles, cash, accounts, investments and personal property. You can also provide guidance to your heirs in paying your debts, selecting the person best suited as Personal Representative of your Estate and, if necessary, a guardian for your children.
If you should die intestate (without a Will) your property will be distributed according to State of Michigan laws. The State will then select your Personal Representative, and the State will also select a guardian for any of your children under the age of 18 years.
- You give up your right to decide who inherits all of your property: homes, accounts, investments, cash, vehicles and other personal property.
- Your property will be distributed according to State Laws.
- You cannot disinherit heirs.
- You will lose the opportunity to select a guardian for your children.
- Dying without a Will may delay transfer of your property to your heirs, necessitating court hearings and approvals and incurring additional legal and probate fees.
Advantages to Planning Ahead
- You can provide for your children by appointing a guardian in your Will and they can manage the children’s inheritance until they reach the age of maturity; otherwise the State will make the selection.
- You can control the distribution of your assets upon your death and select the person to handle your estate.
- Your Will can create a trust upon death that will control all property and inheritances given to your children until 18 years of age or when you decide that they can manage on their own.
- Your Will can include instructions on your choice of funeral and burial arrangements. It may be advisable to also have these instructions written in a separate letter and held by your selected Personal Representative or a family member.
Health Care Power of Attorney
A Health Care Power of Attorney is an instrument used to instruct medical personnel about your wishes concerning the withholding of life support equipment and treatment while you are still alive, and to appoint someone to be your health care advocate. This document is extremely important should you become comatose with no hope of survival or you cannot make any decisions on your own regarding your medical care. This document is separate from your Will.
General Power of Attorney
A General Power of Attorney is a document used to guide your agent by providing instructions as to how your financial affairs should be handled, in case of emergency or due to a debilitating situation when you cannot act for yourself.
This document is separate from your Will and assists your selected agent to fulfill your directions in taking care of you.
Linda G. Anderson, Attorney at Law, will recommend and prepare the appropriate legal Estate Planning documents to protect you, while specifically meeting your requirements, taking into consideration your personal situation and goals.
General Power of Attorney
A General Power of Attorney is a document used to guide your agent by providing instructions as to how your financial affairs should be handled, in case of emergency or due to a debilitating situation when you cannot act for yourself.
This document is separate from your Will and assists your selected agent to fulfill your directions in taking care of you.
Linda G. Anderson, Attorney at Law, will recommend and prepare the appropriate legal Estate Planning documents to protect you, while specifically meeting your requirements, taking into consideration your personal situation and goals.
Probate Estate
Probate Estates are opened with the County Probate court when a person dies (with or without a Will) and owns property that is in the decedents name only. Additionally, if a person dies and if there is a dispute, the Probate Court can act to resolve the issues.
Probating an Estate is a complicated process involving deadlines and numerous documents to be completed, signed, notarized and filed with the court. A Personal Representative is appointed by the Court with the responsibility to inventory and marshal all assets of the Estate.
The Personal Representative also has a fiduciary duty to maintain estate funds; to treat all heirs and devises equally, and to keep all “interested parties” informed of the progress of the case.
The Personal Representative addresses all estate debts, taxes, resolves issues and distributes property pursuant to the Will, or, under the intestacy laws of the state.
The Probate process generally lasts several months or longer.
Linda G. Anderson, Attorney at Law, can take you “painlessly” through the Probate Process by preparing and filing the appropriate documents for you at Probate Court.
Trust Administration
Trust Administration is similar to Probate Estate administration in that both are charged with seeing to the proper administration and distribution of a decedent’s assets according to their wishes.
In the case of a Trust, a successor Trustee is appointed to act on behalf of the original Grantor (creator of the Trust and original Trustee) upon his/her death. The newly appointed Trustee can be a friend, family member, attorney, other trusted individual, or professional trust firm. The Trust document itself will enumerate the powers granted to the successor Trustee, by the Grantor, and how to distribute the assets of the Trust.
Many Trustees, especially those without a legal background, seek legal counsel and advice throughout the administration of the Trust, to insure that the Grantor’s intent and wishes are fulfilled and that the complex distribution process, annual reporting requirements and fiduciary issues are correctly and timely prepared and filed.
Linda G. Anderson, Attorney at Law, can act as your Counselor, and/or advise, prepare and file the appropriate or required documents to meet the directives of the Trust.
Guardianships
A Guardianship may be needed when a minor child, (under eighteen {18} years of age), requires an adult to care for them, possibly through the death of the child’s natural parents or some other similar situation.
Additionally, a guardianship may be required if an adult person cannot care for themselves and requires assistance from another person (if they did not address this situation through a Power of Attorney).
This involves Court action to appoint the Guardian for the child or adult and reporting requirements to the Court.
Conservatorships
A Conservatorship may be needed to address particular situations such as when a minor child receives over five thousand ($5,000.00) dollars and a court must appoint someone to manage the funds on behalf of the child (based on current laws).
Additionally, if an adult requires assistance to manage his/her financial affairs due to medical or other conditions (and they did not address this situation through a Power of Attorney), a Conservatorship may be needed.
This involves Court action to appoint the Conservator for the child or adult and reporting requirements to the Court.
Linda G. Anderson, Attorney at Law, can obtain a Guardianship or Conservatorship when necessary from the appropriate Court and can complete all reporting requirements of the Court.
Contacting the Attorney
To obtain a private consultation concerning Estate Planning, Probate, Trust Administration, Guardianship or Conservatorship matters, please call during normal business hours:
Monday–Friday, 9:00 a.m. to 5:00 p.m. 734.425.0379
Evening and Weekend appointments can be arranged.
By Telephone: 734-425-0379
We are usually available during normal business hours, on Monday through Friday, excluding holidays, from 9:00 a.m. – 5:00 p.m. Often we are in court or meeting with clients personally. If we do not answer or are not available when you call, please leave a message and we will contact you during normal business hours. Please note that calls received after business hours or on weekends will be returned the next business day. Our number is 734-425-0379.
By email: legal@lindaganderson.com
Please complete the email and give us all the particulars that are of concern to you. This format allows you to present your problems and questions and provides us with some background information to assess your issues before we return your email or contact you by phone. Be sure to give us all your contact information. Please note that emails received after business hours or on weekends will be responded to on the next business day.