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Free estate planning resources. A will distributes assets once probate is over and does not allow you to manage your assets in the future. Therefore, in order to examine the the key differences between a will and a trust in Michigan we must look to the language of the UPC. A trust is a fiduciary arrangement whereby a grantor (also called a trustor) gives a trustee the right to hold and manage assets for the benefit of a specific purpose or person. Asset Protection Trust. Understanding 10 Common Types of Trusts In Michigan. For example, if you challenge a will or trust due to undue influence and are successful, then the terror clause will not be triggered.
It is critical, however, to make sure that your trust and other documents are kept updated to avoid unintended consequences. That is, monies shall only be used for goods and services not provided for through Supplemental Security Income (SSI) and/or Medicaid. While no one likes to consider their mortality, advanced planning with a Michigan estate and wills attorney will help your family during a difficult time. Having a trust vs a will. Whether or not your heirs will need to use probate court procedures depends on the types of property you have to pass on. In fact, sixteen states, including Michigan, have adopted the Uniform Probate Code (UPC) in an effort to standardize the state laws that govern wills and trusts. However, it's a good idea to have a lawyer in your new state review your will to make sure it will be valid there. If you'd ever like to talk about your family's particular concerns, feel free to give us a call to reserve your free consultation at (248) 613-0007. If the rules are not followed, you take the risk that Supplemental Security Income (SSI) and/or Medicaid benefits will be withheld for a period of time.
We provide complimentary free consultations to Michigan residents who have additional questions about Estate Planning based on their unique situations. ", or you have other questions about how to protect your assets, contact the Law Offices of David L. Carrier. Naming a Guardian: If you have minor children you can use a will to name a guardian for your kids, however, a trust can not be used to appoint a guardian. Transfers by a trust can usually be quicker and more efficient than transfers by will. Contact a Macomb County Estate Planning Attorney. Will vs Trust in Michigan | Rochester Law Center. The special needs trust structure helps provide for continuing care and maintaining quality of life for your loved ones with a disability, while increasing the probability that an inheritance will not disrupt your loved one's government benefits. Estate planning lets you protect your loved ones, control the distribution of your assets, and direct your end of life care. While revocable trusts can be revoked at any time, irrevocable trusts typically cannot be amended after they are executed. This helps avoid confusion and delays during the probate process. Trust Litigation Lawyers in Plymouth MI. When deciding whether or not your personal representative should be allowed to serve without bond, you should consider how much you trust that person.
"Sufficient mental capacity" means that the person making the will: -. In addition to helping support a cause that is meaningful to you, this type of trust can offer certain tax advantages. The trustee of the trust will be able to use trust monies to purchase goods and services (i. e., "supplemental needs") for Grandchild that are not provided for through government benefits. This provides certain tax advantages. Will vs trust in minnesota. When someone attempts to update the trust without going through the proper process, it may render the entire document invalid and open the possibility of litigation. When you set up a trust you transfer ownership of your assets into the trust and they are then managed by the trustee. We will sit down and work out an estate plan that addresses your unique concerns and execute that plan in a manner that you can feel safe about.
Find Out What's Best For Your Situation. One of the largest advantages is that once in an irrevocable trust, the assets are no longer in your name or part of your estate. Considerations for Estate Planning. The Difference Between a Will and a Trust in Michigan. Michigan Trust Lawyer. During your lifetime, you have absolute control of the assets in the trust. Only Michigan residents can use the statutory will. Your surviving spouse or a qualified adult relative or friend may apply to the court to be appointed as the administrator, but their appointment is not certain.
The need for a trust is driven by a number of factors including your goals, asset portfolio, and profession. The heirs do not receive their inheritance until after probate is concluded. A trust can enable a person to distribute his assets in private without the need to file a will with the probate court, which would make the will a public document. While being a legal document, a will is only a written document explaining a person's wishes until it is taken to a probate court and filed. Do you have a blended family with separate children? You can also store your will in a bank safe-deposit box. Ideally, the personal representative is also someone who can settle disputes and handle things as you would want. Concerned family members can gift money and assets to those with disabilities but have to be aware that those who get social security and public benefits cannot directly possess the money without disqualifying them from receiving public benefits. Trust versus will missouri. Or... We Never Know What Could Happen To Us Tomorrow.
They are much different than your everyday revocable trust. Mental incapacity may include age related illnesses such as dementia or Alzheimer's, or other forms of disability/illness. The grantor may decide how and under what circumstances the assets within the trusts will be distributed to the beneficiaries, invested, or otherwise used. Also referred to as a "payable on death" account, this type of structuring allows for assets that you put into a bank account or security to transfer to a named beneficiary upon your passing. More than we can discuss in this article. Since the assets held in the trust are not considered a part of the estate, they would not be considered as part of the estate for assessing the estate tax. If you don't leave a will, your assets, property, and belongings will be distributed by what is known as intestate succession, an algorithm that allots a specific percentage of your assets to specific relatives with your spouse at the top of your list and your children next in line.