Many families come to us with questions about how probate works and whether they need legal support to move forward. If you’re looking for clear answers, we’re here to help. Below, we’ve addressed some common questions people often ask about probate, estate planning, and the legal processes involved. If you have more questions or are seeking more personalized advice, don’t hesitate to reach out to us and set up a free consultation with our Southfield probate lawyer.
What’s The Difference Between A Probate Lawyer And An Estate Lawyer?
The titles “probate lawyer” and “estate lawyer” are often used to describe similar work, but there are some differences.
A probate lawyer typically helps guide you through the court process after someone passes away. This may include filing documents, helping with asset distribution, and resolving any issues that come up during probate. An estate lawyer, on the other hand, usually focuses on planning ahead—things like setting up wills, trusts, and powers of attorney.
However, it’s common for our Michigan attorneys to handle both estate planning and probate cases, which helps provide ongoing support to you and your family.
How Long Do You Have To File Probate?
In Michigan, there is no strict deadline to open probate, but it’s generally best to do so within a reasonable time after someone passes. Most people file within a few weeks or months, depending on the situation. Waiting too long can create unnecessary problems with the estate.
Creditors, taxes, and property issues may become more difficult to handle the longer you wait. When you work with our Southfield probate lawyer, we help you figure out the right timing and take care of the required paperwork, so everything stays on track.
What Happens If You Don’t File Probate?
If probate isn’t filed when it should be, several problems can arise. Assets may be left in the deceased person’s name, which makes selling or transferring property difficult. Bills might go unpaid, and beneficiaries could be delayed in receiving what they’re entitled to.
In some cases, the court might step in to appoint someone to handle the estate, which takes control out of your hands. To avoid these issues, it’s important to enlist one of our knowledgeable and compassionate lawyers who can help you move forward with the necessary steps.
What Happens If A Beneficiary Doesn’t Claim Their Inheritance?
If a beneficiary doesn’t claim their inheritance, the funds or assets may eventually be turned over to the state. Before that happens, the personal representative of the estate usually makes several attempts to contact the person.
If no response is received, the unclaimed property is handled according to Michigan law. This is one of the reasons why keeping good records and working with our Southfield probate lawyer can make things easier. We help manage communication and make sure every step is handled properly.
Do I Need A Lawyer For Probate In Michigan?
While Michigan doesn’t legally require you to hire a lawyer for probate, having legal support is highly recommended. Probate can involve court filings, asset management, and handling debts, which are difficult to manage alone. Working with our team helps you avoid mistakes and keeps the process moving smoothly. We take care of the details so you can focus on your family and what matters most during a difficult time.
