Chesterfield Estate Planning Lawyer

An estate plan is the legal structure governing how your assets are managed during incapacity and distributed after your death. A well-drafted plan keeps private matters out of probate court, names the people who should act on your behalf when you cannot, and holds up when tested, whether in a hospital, a bank, or a courtroom. Our Chesterfield office has helped Macomb County families put plans like these in place for decades.

Our Chesterfield, MI estate planning lawyer drafts wills, trusts, powers of attorney, and the other documents that form a complete plan. Founding attorney Ed Gudeman has practiced Michigan law since 1973, with experience across estate planning, probate, and tax matters. We draft around the specifics of each client’s situation rather than work from a template. Contact our office to discuss what your estate plan should include.

Why Choose Gudeman & Associates, P.C. for Estate Planning in Chesterfield, MI?

Over 50 Years of Michigan Legal Experience

Ed Gudeman has been practicing law in Michigan since 1973. That’s more than five decades in estate planning, probate, and related matters. He earned his J.D. from the University of Michigan in 1971, passed the Illinois bar in 1972, and has been admitted to the U.S. District Court for the Eastern District of Michigan, the Sixth Circuit Court of Appeals, the U.S. Tax Court, and the U.S. Supreme Court. The Tax Court admission is uncommon among estate planning attorneys and particularly useful when a plan has real tax implications.

Estate Planning That Accounts for Tax and Business Issues

A good estate plan doesn’t stop at who gets what. It accounts for how those assets transfer, what tax consequences follow, and what happens to a family business or rental property after the owner is gone. Our practice covers business succession, federal and state tax issues, and probate administration alongside the core estate planning work. Families with a business, real estate investments, or significant retirement accounts benefit from a planner who understands how these pieces interact.

Serving Macomb County Families

Chesterfield Township sits along Lake St. Clair in northern Macomb County. Our Chesterfield clients come from a mix of waterfront properties, established family neighborhoods, and newer developments along the M-59 corridor. Families at every stage face different planning questions. Young parents need guardianship designations. Couples with rental property need titling decisions. Aging parents need plans that work through periods of incapacity. We handle all of these situations and craft personalized solutions for each and every client.

Client Feedback That Speaks to the Work

★★★★★ “Very knowledgeable and professional, but also very friendly. We listen to Bob Dutko on 103.5 FM and he recommends your law firm. Glad we took his advice!! Very easy process. They fulfilled all our needs for our Will and Trust. Presented in a nice binder all tabulated for easy access. We highly recommend them to anyone looking for legal needs.” Charlene Coomer

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Types of Estate Planning Matters We Handle in Chesterfield

An estate plan is a set of documents that work together. These are the main kinds of matters we handle for Chesterfield clients.

• Wills. A well-drafted will does more than name an heir. It designates a personal representative, appoints a guardian for minor children, addresses personal property, and can establish testamentary trusts when outright distribution isn’t right for a beneficiary. A will that misses execution details may be invalid under Michigan law, even when the intent is clear.
• Revocable living trusts. For families who want more control than a will alone provides, a revocable living trust is usually the answer. The trust owns assets during your life while you manage them as trustee. At death or incapacity, a successor trustee distributes or manages the property according to the trust’s terms, without probate. The choice between wills and trusts depends on the specifics, but for many families the trust becomes the primary document.
• Durable powers of attorney. A durable POA lets someone you trust handle financial matters on your behalf if you can’t. Without one, a family member may have to petition the probate court for a conservatorship, which is public, costly, and takes months. Michigan’s new POA statute, at MCL 556.201 et seq., took effect July 1, 2024. Drafting effective POAs under the new law takes more care with specific authority grants than the old forms required.
• Patient advocate designations and living wills. Medical decisions are different from financial ones. Michigan uses its own term for the person who will make healthcare calls: the patient advocate. A living will documents end-of-life care wishes and works alongside the patient advocate designation. HIPAA authorizations belong in the same package.
• Probate administration. When a loved one passes away, we help families manage what comes next. A probate lawyer guides the personal representative through validating the will, handling creditor claims, paying debts, and distributing remaining assets. Good estate planning simplifies this. Poor estate planning complicates it.
• Special needs and family-specific planning. Not every family fits a standard template. A beneficiary with a disability, a blended family, an out-of-state property, or a business that needs a succession plan each raises issues standard forms miss. We draft around the specific facts and pay attention to complex family dynamics that can turn a good plan into a source of conflict if they’re not addressed up front.

Michigan Legal Requirements for Estate Planning

Michigan estate planning runs on several statutes, and the differences between them matter. The main body of law is the Estates and Protected Individuals Code, or EPIC, codified at MCL 700. The Michigan Trust Code sits inside EPIC as Article VII. Powers of attorney for finances moved to a separate statute in 2024. Patient advocate designations stayed under EPIC.

Will requirements. Under MCL 700.2502, a Michigan will must be in writing and signed by the testator, or by another person acting at the testator’s direction in the testator’s conscious presence. At least two witnesses must also sign, each within a reasonable time of seeing the testator sign or hearing the testator acknowledge the signature. Michigan also permits handwritten, or holographic, wills if the document is dated, signed, and has its material portions in the testator’s own handwriting.

Trust creation. The Michigan Trust Code sets out the elements of a valid trust: a settlor with capacity, intent to create the trust, a definite beneficiary (with exceptions for charitable and certain other trusts), a trustee with duties, and separation of the sole-trustee and sole-beneficiary roles. Creation is only half the work. Funding is the other half.

Power of attorney. Michigan changed its durable POA law on July 1, 2024. The Uniform Power of Attorney Act, at MCL 556.201 et seq., replaced the durable POA provisions of EPIC. POAs signed before that date remain valid if they were properly executed under the prior law, but any new financial POA should be drafted under the current framework. Healthcare decisions run separately under MCL 700.5506, the patient advocate designation statute.

Probate. Probate is the court-supervised process of validating a will, paying debts, and distributing remaining assets. It is public and takes months at minimum. Not every asset passes through it. Jointly held property with survivorship rights, accounts with beneficiary designations, and property owned by a trust are usually excluded from probate.

Important Aspects of a Chesterfield Estate Planning Case

Estate planning is more than signing documents. These are the aspects we work through with every client.

Choosing the Right Documents for Your Situation

The right plan isn’t a list of documents. It’s a set of decisions. Who will make medical decisions for you. When your children should receive their inheritance. How your business should pass to the next generation. Once those decisions are made, the documents follow. Working backwards from documents to decisions is how common mistakes get made, and those mistakes are usually hard to fix after the fact.

Funding Your Trust

A trust doesn’t protect assets it doesn’t own. Real estate gets retitled. Bank and brokerage accounts get moved or renamed. Beneficiary designations on retirement accounts get updated where appropriate. This second step is where many plans fall apart. The trust exists on paper but never takes ownership, and when the family needs it to work, it doesn’t. Clients avoid the hidden risks by handling funding during the initial planning, not as a separate project months later.

Naming the Right Fiduciaries

The people you name carry real responsibility. A personal representative administers your estate through probate. A trustee manages and distributes trust property. An agent under a POA handles your finances if you lose capacity. A patient advocate speaks for you on medical decisions. Not everyone is suited to these roles. We talk through the fit for each one and always name a successor trustee in case the first choice cannot serve.

Coordinating Beneficiary Designations

Many people don’t realize beneficiary designations override the will. Life insurance, retirement accounts, and payable-on-death bank accounts pass directly to the named beneficiary regardless of what your will says. If the designation is outdated, the money follows the outdated designation. We have seen plans where an ex-spouse was never removed from a retirement account. We review designations as part of every plan so they match the rest of your documents.

Updating the Plan Over Time

An estate plan is a snapshot of your life at the time you signed it. Lives change. A plan that was right five years ago may not be right now. We recommend a review after any major life event: marriage, divorce, the birth or adoption of a child, a significant change in assets, a business sale, or a move to another state. Some changes require new documents. Others only need changes to the will or a trust amendment.

Probate Avoidance Where It Helps

Probate avoidance isn’t the goal for every family. For a simple estate, going through probate may be the most straightforward path. For families with real estate in multiple counties or states, a privately held business, or reasons to keep the details out of public records, planning to skip probate makes a real difference. Assets that skip probate include trust-owned property, joint ownership with survivorship, accounts with valid beneficiary designations, and smaller assets that qualify for Michigan’s small estate procedures.

Contact Gudeman & Associates

If you’ve been meaning to put an estate plan together or update an existing one, reach out to our office. We’ve handled wills, trusts, powers of attorney, and probate for Macomb County families for more than five decades. Contact us to schedule a first meeting. We’ll review what you already have in place, identify any gaps, and walk through how we can improve your estate plan to align with your goals.

Estate Planning Statistics in Chesterfield, MI

About 18 percent of Macomb County residents are 65 or older, according to Census Bureau data. Roughly three out of four homes in the county are owner-occupied. Put those two facts together and a pattern shows up. An aging population means more people reaching the point where incapacity planning stops being hypothetical. High homeownership means real property that has to pass to someone, through a will, a trust, or the probate court when nothing is in place. Plenty of adults still put it off. When that happens in Chesterfield, Michigan, state intestacy law decides who inherits, and the family has no say in the result.

What Are 10 Important Steps in the Estate Planning Process?

A plan comes together in a sequence. Skip a step and the gaps tend to surface at the worst possible time. Here is how the estate planning process generally moves for our Chesterfield clients.

1. Take inventory. List what you own and roughly what it’s worth. Real estate, bank accounts, retirement plans, life insurance, business interests. You can’t plan around assets you haven’t accounted for.
2. Decide who inherits. Name the people and causes that matter to you, and think about what each should receive. Specific gifts, shares, and what happens if someone passes before you do.
3. Choose your fiduciaries. A personal representative, a trustee, an agent under your powers of attorney, and a patient advocate. These are the people who act when you can’t. Pick carefully, and name backups.
4. Decide between a will and a trust. A will directs distribution and names guardians for minor children. A trust can keep assets out of probate and manage them through incapacity. Many Chesterfield families use both.
5. Draft the core documents. This is where decisions turn into enforceable language. Precision matters here. Vague wording is where disputes start.
6. Add a trust if it fits. For owners of real property or a business, revocable living trusts often become the center of the plan rather than an add-on.
7. Cover health care. A patient advocate designation and a living will say who speaks for you, and what care you want, if you can’t speak for yourself.
8. Fund the trust. A trust controls only what it owns. Retitle real estate, move accounts, rename what belongs in it. An unfunded trust is just paper.
9. Coordinate beneficiary designations. Retirement accounts, life insurance, and payable-on-death accounts pass by designation, not by your will. Outdated designations override good intentions. So does a stray joint tenancy nobody remembered to change.
10. Review and update. Lives change. Marriage, a new child, a sale, a move across state lines. We tell clients to update your plan after a major event rather than wait for a tidy anniversary.

A small estate may not need every piece. Michigan has small estate procedures for modest assets, and an estate planning attorney in Chesterfield can tell you what your situation calls for.

Chesterfield Estate Planning Lawyer FAQs

Do I need a will if I already have a trust?

Usually, yes. Even with a funded trust, we draft a short pour-over will to catch anything you never moved into the trust. It also names guardians for minor children, which a trust can’t do on its own. Think of the will as the backstop. Most Chesterfield estate plans built around a trust still include one.

How much does an estate plan cost in Chesterfield, MI?

Cost depends on what your plan needs. A straightforward will is one thing. A trust-centered plan with a business or rental property is another. We talk about fees up front, before any work begins, so there are no surprises later. We offer a no-obligation consultation where a Chesterfield estate planning lawyer reviews your situation and explains what it would take, with no commitment on your end.

What happens if I die without a will in Michigan?

Your estate passes under Michigan intestacy law, which sets a fixed order of who inherits. Spouse and children first, then more distant relatives. The court appoints someone to administer everything. The results of dying without a will often surprise families, because the statute makes no room for stepchildren, unmarried partners, or what you actually would have wanted.

Does every estate go through probate?

No. Probate applies to assets that pass under a will, or with no plan at all. Property held in a trust, accounts with valid beneficiary designations, and jointly owned property with survivorship rights usually skip it. The smaller the probate estate, the simpler things stay for your family in Macomb County, and the faster the rest can be settled.

What is the difference between a will and a trust?

A will takes effect at death and goes through probate. A trust can take effect right away, manage assets if you become incapacitated, and pass property privately without court involvement. Neither is automatically the better choice. For some Chesterfield families a will is plenty. For others, a trust does work a will simply can’t.

Who should I name as my power of attorney?

Someone you trust with money and judgment, and who will actually step up when needed. It doesn’t have to be the oldest child, or a relative at all. The agent handles your finances if you lose capacity. Naming the wrong person, or naming no one, is how families end up in a guardianship or conservatorship case that could have been avoided.

What is a patient advocate?

In Michigan, the patient advocate is the person who makes medical decisions for you when you can’t make them yourself. You name them in a patient advocate designation. Pairing that with a health care directive spells out the care you do and don’t want. Without one, your family is left guessing during a crisis, often at a hospital bedside.

Will my estate owe taxes?

Most won’t. The large majority of estates fall under the federal estate tax filing threshold and owe nothing, and Michigan has no separate estate or inheritance tax. Larger estates, or ones holding a business or substantial retirement accounts, are where tax planning earns its keep. A Chesterfield estate planning attorney can tell you early whether yours is one to watch.

How often should I update my estate plan?

There is no fixed schedule, but big life events are the trigger. Marriage or divorce. A new child or grandchild. The death of someone you named as a fiduciary. A business sale, or a move into or out of Michigan. Property and tax rules shift too. We suggest a look every few years even when nothing major has happened, just to confirm the plan still fits your life.

Can someone challenge my will after I am gone?

They can try. Will contests usually claim lack of capacity, undue influence, or a signing that didn’t follow the rules. A clearly drafted, properly witnessed will holds up far better than a homemade one. When a plan involves a blended family or unequal shares, we build it to withstand a challenge, because those are the situations where disputes tend to reach the Macomb County probate court.

Local Information for Chesterfield, MI Estate Planning Cases

Macomb County Probate Court and Local Resources

When a Chesterfield estate goes through probate, it is handled by the Macomb County Probate Court, located on the fifth floor of the county building at 40 N. Main Street in Mount Clemens, reachable at (586) 469-5290. The court oversees estate administration, validates wills, and appoints guardians and conservators for residents who can no longer manage their own affairs.

What Are Important Local Resources for Chesterfield Estate Planning?

A handful of local offices come up often while a plan is being put together or an estate is being settled. These may help Chesterfield, MI residents and their families.

• Macomb County Register of Deeds, (586) 469-5209. Records deeds when you retitle real estate into a trust.
• Macomb County Office of Senior Services, (586) 469-5228. Information and assistance for older residents and caregivers.
• AgeWays Senior Services, (800) 852-7795. The regional aging agency serving Macomb County with elder care and caregiver support.

Gudeman & Associates, P.C. provides these listings for convenience only. We do not endorse, and are not affiliated with, these organizations.

About Gudeman & Associates, P.C.

Edward J. Gudeman is the founder and managing attorney of Gudeman & Associates, P.C. He earned his bachelor’s degree from Miami University in 1968, where he received a trust scholarship, before turning to law. He has belonged to the State Bar of Michigan since 1973. Our firm has guided Macomb County families through wills, trusts, and probate for more than five decades.

What Our Clients Say

★★★★★

“The entire team at Gudeman,s was extremely helpful during the entire process of navigating us through the Estate Planning. Would highly recommend!”

Debby Haynes

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Contact Gudeman & Associates, P.C.

Whether you are starting your first plan or revisiting one you set up years ago, our Chesterfield estate planning lawyers can help you sort out what you need. We will review what you already have, point out the gaps, and lay out clear options in plain language. The first meeting is a no-obligation consultation, available in person, by phone, or by video. We return calls and messages promptly, usually the same business day. When you are ready, contact us to set up a time to talk.