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Wills and Trusts Lawyer in Oakland County Michigan reveals dirty little secrets when your siblings become executor after a parent dies

He goes on to mention a couple post-mortem steps such as gathering assets and cautions against retitling assets or making distributions until talking with the attorney.

The death of someone in Michigan who was near and dear can be a stressful time. Your life is disrupted by the loss and your grief. Often, it can be a confusing time, both emotionally and logistically.

At a recent Estate Planning Seminar in Detroit, Michigan, Mr. Dadich took us through who has what responsibilities? Here’s a quick look at different roles involved at someone’s death in a Michigan Probate:

Executor-The Executor or Executrix, also known as the Personal Representative in a Michigan Probate, has the duty of safeguarding and collecting and managing assets, which the decedent owned at death, in accordance with the Will. He or she will make distributions as directed in the Will. The Executor also has responsibility for filing the estate tax return, if necessary.

Trustee-The Trustee is the person in charge of managing and distributing any assets held under a Trust. The decedent may have had one or more trusts that he or she established during lifetime. The Trustee must follow the Trust document, which provides the terms by which the assets are to be held and distributed. Often, the Trustee must work with the Executor for a coordination of efforts regarding assets.

Mr. Dadich further explained ” . . .the main issue when a loved one dies is whether or not you are receiving some kind of benefit from the Estate or Trust.  This is critical since you may not be able to sue if you later feel you have been shafted by your loved one”

Agent under Property Power of Attorney-The person who was acting under the Property Power of Attorney, called the Agent, no longer has authority once the Principal has died.

Agent under Health Care Power of Attorney-The Agent may have authority to allow for organ donation or cremation.

Guardian-A guardian is a person nominated in the Will to care for the decedent’s minor children. While it is up to the court to decide who will get custody of the children, the decedent’s choice of guardian will be given due weight.

“The first step, of course, is for the family to make any funeral arrangements. Immediately after death, the Executor or Trustee will need to make sure any assets are safe. For example, if the decedent lived alone, it would be wise to change the locks on the door to prevent someone with an errant key from gaining access.”

Joseph reiterated for the group that as a Wills and Trusts Lawyer in Oakland County Michigan you need to have an experienced attorney that has done the probate litigation, created estate plans, petitioned for guardianships and conservatorships when you look at which attorney should assist you. “There are many pitfalls even so-called experienced probate attorney’s fall into. That is why you really need an Oakland County Michigan Probate Litigator and Estate Planning Attorney that will protect your rights to handle your family’s probate”

The attorney will help guide you through the next steps, which will be unique to your circumstances. The attorney will help you circumnavigate the many potential pitfalls and achieve the best result possible.

Joseph J. Dadich, Michigan’s #1 Emergency Estate Planning Attorney created the ‘Emergency Estate Planning Blueprint for Busy Family’s and is Michigan’s top Probate Litigator. Visit  www.emergencyestateplanningin20minutes.blogspot.com for interviews 248.358.6965 office, or upcoming seminars and to receive a complimentary copy of your very own FR$EE Report showing all ’15 Critical Points’ every responsible busy family needs..

Special offer for responsible family’s who respond by Friday. Email at freeestateplanningtips@gmail.com and 1st 25 get a $3,600 package.

He services the Detroit Metropolitan area, which includes Birmingham, West Bloomfield, Waterford, Clarkston, Royal Oak, Ann Arbor, Livonia, Lake Orion, Auburn Hills, Detroit, Grosse Pointes, Warren, Sterling Heights, Clawson, Madison Heights, Novi, Belleville, Farmington, Farmington Hills, Northville, Plymouth, Romulus, Southfield, Lathrup Village, Huntington Woods, Ferndale, Berkeley, Rochester, Rochester Hills, Troy, Oxford, and Ortonville.

Southfield, Birmingham, Bloomfield Hills, West Bloomfield Hills, Farmington Hills, Farmington, Novi, Oak Park, Detroit, Warren, Centerline, Sterling Heights, Fraser, Roseville, Eastpointe, St. Clair Shores, Clinton Twp, Mt. Clemens, Harrison, Chesterfield, New Baltimore, Macomb, Shelby, Washington Twp, Ray Twp, Armada Twp, Bruce Twp, Richmond, Lenox, New Haven and neighboring cities and communities.

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About the Author

attorney, Law Offices of John Roberts, lawyer, Baltimore, MD

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