Michigan Probate Blog - Probate Law Firm in Michigan - Thav, Ryke & Langan

Some Benefits of Estate Planning

Tue, 19 Sep 2023 15:36:00 GMT

Estate planning not only makes things easier for your loved ones if you become incapacitated or when you’re gone, but it also does these three important things.

If you’re like most Americans, you don’t have a documented estate plan. A 2023 survey by Law Depot revealed that 73% of respondents lacked an estate plan. Not only that, but 72% of respondents over age 75 didn’t have an estate plan.

Unfortunately, estate planning is a task that is all too easy to postpone. No one likes to think about death or what will happen before or after death. However, as much as you dislike the thought of death, you probably also don’t want to condemn your family to hours and days of time spent dealing with the mess that a lack of planning will inevitably create.

Losing a close relative is hard enough without the added and completely avoidable hassles that occur in the absence of estate planning. Straightening out a neglected estate is both time-consuming and expensive. That’s why focusing on the benefits involved in estate planning for you and your loved ones may be just the motivation you need to either create and finalize an estate plan or update the plan that you already have.

Estate planning involves the creation and execution of the documents necessary to deal with your health care and financial affairs if you become incapacitated and after you die. To achieve this goal, there are a number of documents that need to be created. The names of the specific documents differ depending on where you live, but the intent is similar:

Guardianship. If you have minor children or other dependents, these documents specify who will get custody of your children if you and your spouse pass away
Will – A legal document that provides instructions about the disposition of your assets

Trust – A fiduciary agreement that shields your estate from probate and allows you to customize your estate plan

Durable power of attorney – A legal document that allows your spouse, partner or other third party to manage your finances if you can’t make your own decisions

Financial power of attorney – A legal document that allows a third party to manage your finances

Advanced health care directive – A document that outlines the medical care you want to receive if you can’t make your own decisions

Medical power of attorney – A document that allows a third party to make medical decisions on your behalf

HIPAA authorization – A document that gives others the ability to view your medical records and communicate with your healthcare providers

You need to do some work before these documents can be created. You need to inventory your assets and decide who will receive them when you pass away. You need to decide who will take care of your minor children, if you have any, and who you can trust to manage your financial and healthcare affairs should you become incapacitated.

To ensure that the documents you need are correctly executed, you’ll need to hire an experienced estate planning attorney conversant with the estate laws in your state. That individual will work with you to translate your wishes into the appropriate documents.

That sounds like a lot of work — and expense — which is why so many people lack estate plans. But don’t let that deter you. Check out these three important benefits of creating an estate plan:

Benefit #1: Securing management of your health care and finances if you’re incapacitated
No one wants to think that they will ever become incapacitated. But, unfortunately, it happens, especially to older adults. According to the Alzheimer’s Association’s 2023 Alzheimer’s Disease Facts and Figures report, more than 6.7 million Americans age 65 and over suffer from Alzheimer’s disease; of those, 73% are 75 or older. In addition, Columbia University researchers determined that 10% of adults over 65 have dementia — which includes Alzheimer’s disease — while another 22% have mild cognitive impairment.

Other diseases and illness strike older adults with increasing frequency as they age. The U.S. National Institute of Health reports that 85% of Americans age 65 and over suffer from at least one chronic health condition, and 60% have two chronic health conditions. These include cardiovascular disease, cancer, chronic respiratory disease and diabetes. While you may not suffer from cognitive impairment as you age, a combination of chronic diseases can sap your energy and ability to reason and think clearly.

That’s why it’s important to create an estate plan that will allow your family or other designated individuals to step in if necessary. You may, for example, have a stroke and need someone else to make medical decisions for you in the moment. In the absence of the necessary paperwork, needed medical care may be delayed, resulting in a negative outcome that could have been avoided with the right information at hand.

Over the longer term, you may at some point require help paying your bills and making financial decisions. Unfortunately, many older adults are the victim of financial scams as their cognition declines. Having someone you trust backstop your decision-making process can help avoid incidents that can drain your wealth and create financial problems that later have to be untangled.

Benefit #2: Fulfilling your wishes
If you die without an estate plan or a will, your assets will be distributed by whatever laws prevail in your state. Technically, this is known as dying intestate. For example, perhaps you want your spouse to get all of your assets and your children to inherit whatever is left after your spouse passes away. But, if you die without a will in Oklahoma, where I live, your spouse will inherit half of your assets and your descendants inherit everything else.

Here’s another potential problem that crops up frequently: Your assets may be distributed wrongly if you fail to update a will that you wrote years ago. Many times, individuals make a will when their children are young and fail to update it. Your life situation may change, but your will may not have changed with it.

Think about it: Maybe you’re divorced, but your first spouse is still named in your will. If that’s the case, you need to get to an estate planning attorney to update it.

There are many other situations where an estate plan needs updating. Perhaps you sold a business, and a simple will no longer do the trick — instead, you may need a trust. Again, consulting with an experienced estate planning attorney can help you decide on the right vehicle to help ensure that your wishes are fulfilled after you pass away.

Benefit #3: Avoiding probate
Probate is a process under which a will is recognized and an estate is administered. Depending on the jurisdiction, probate occurs on a city or county level. A matter of public record, all documents — including a will — that are involved in probate are available to anyone on the internet through a simple search. Probate also involves fees and lawyers. While you can get through probate without a lawyer, it can be a time-consuming and complicated process.

Unfortunately, you can’t avoid probate with a will. Instead, a trust is required. There are a number of different types of trusts that will accomplish this goal.

A trust fulfills a number of estate planning goals, including keeping your private financial and inheritance matters private, ensuring that your assets are distributed in the way you want and placing conditions on estate distributions. Trusts also provide protection from creditors, which can be important for high-net-worth individuals and individuals in careers such as medicine. Finally, trusts can mitigate taxes on future growth of investable assets within the trust.

To fulfill your purposes, a trust must be funded. That means your assets must be titled appropriately so that they benefit from the protection that a trust provides.

Update your estate plan regularly
As mentioned, your life situation can change. External events, such as changes in government laws and tax rules, may also change. That means you need to review your estate plans frequently, such as every three years, to help ensure that you don’t make a potentially costly mistake that would disadvantage you and your family.

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Should I have a Living Will or a Trust?

Thu, 07 Sep 2023 15:30:00 GMT

If you’re starting to think about estate planning, you’ve probably come across two common methods of passing wealth and belongings to someone else — trusts and wills. However, there are big differences between these two documents, especially when it comes to when and how your assets are distributed.

It’s worth noting that the laws regarding trusts and wills vary by state, so you should consult an estate planning attorney or expert in your state on the specifics. That said, both trusts and wills have some features that remain the same no matter where you live. We break down the main differences between these two legal tools, including who they’re for, how they function, and the types available.

What is a will?
A will is a legal document you create that details how you want your assets and belongings to be distributed after you die. Wills can cover everything from who inherits your baseball card collection to who takes ownership of your house.

Generally, wills include:

An executor: This is the person who’s in charge of carrying out the will
Beneficiaries: The people you’re naming to inherit items or money.
Guardians for children: If applicable, you’ll name guardians for minor children.

In probate, the court grants someone permission to act for the estate. In essence, the probate process is how the legal system validates your will and gives the go-ahead to the executor to begin distributing your assets.

Note that there’s a difference between a will (also called a last will and testament) and a living will. While a will directs the distribution of your financial and material possessions, a living will provides instructions for medical treatment if you’re unable to communicate your wishes. While both are legal documents, living wills are focused on your care rather than your finances and possessions. You can have both a last will and testament and a living will — and in many cases, having both is important.

What is a living trust?
A living trust is another estate planning tool that can be used to transfer property and wealth to others. While a will names who things would go to, a trust takes it one step further.

There are two types of living trusts: revocable trusts which can be changed during a person’s lifetime, and irrevocable trusts, which are often permanent but can come with tax advantages.

If you’re deciding between a will and a trust, there are some notable pros and cons you’ll want to be aware of as you start the process.

Having a will can direct those you care about in an already difficult time, and make sure that your belongings and assets are distributed how you’d like. In the case of a living will, it can also direct your care if you’re unable to communicate those wishes.

While there are default laws on who receives what after you die, they vary by state and may not align with your family situation or wishes. Whatever your financial situation, you can benefit from having directions laid out just in case.

While creating a living trust will often require involvement from a legal professional, several services allow you to create estate planning documents with Thav, Ryke and Associates.

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Celebrity Deaths that Made Probate Law News

Tue, 15 Aug 2023 21:58:00 GMT

Celebs seem to always be in the news.

The world is full of celebrities who constantly say or do things that grant them continuous “news” coverage and this is even true after these celebs die. We came up with a list of those celebrities who continued to make news after their deaths because they lacked the necessary estate planning to keep their relatives out of probate court (and out of the news).

From sports stars to musicians, the controversy surrounded these deceased celebs’ estates. These celebrity deaths highlight the importance of estate planning. When coming to terms with the death of a loved one, the grieving period can be disrupted by issues with their Will, inheritance disputes, or other complications. These difficulties are often highlighted by high-profile probate and estate administration cases.

Robin Williams: It’s almost been a decade since the death of Robin Williams. He was very successful and loved, and his films will be remembered by many. But sadly, we’ll also remember that following his death, his widow Susan Schneider-Williams and his three children became engaged in a contentious legal dispute over his estate valued at around $50 million USD. We revisit Robin Williams’s case because it illustrates that even the best and well-structured estate plans can sometimes present problems when the disposition of the personal property is not carefully handled. The issue centers on the vocabulary in the Robin Williams Trust, which the famous actor amended in early 2012 after he and Susan were married. The trust stated that Susan could reside in the couple’s home in Tiburon, California, while the larger Napa Valley estate and its contents were for his children. This means, that according to the terms of the trust, Susan was going to be able to reside in the Tiburon home for the rest of her life. Those in charge of the trust -Robin Williams’ estate planning attorney and an accountant- had to establish a fund to pay all of the expenses of the residence for Susan’s benefit. Susan also was entitled to receive the furniture, furnishings, and some of the contents of the Tiburon house. Williams’s trust also described what he wanted to pass on to his three children, which included all of his “clothing, jewelry and personal photos taken prior to his marriage to Susan” as well as Robin’s “memorabilia and awards from the entertainment industry.” It also gave his children the “tangible personal property located” in the Napa Valley estate.

The trust gave the rest of the contents of the Tiburon house to Susan, specifically excluding the items gifted to his children under the trust. However, since the meaning of certain terms under the trust, such as “memorabilia,” “collectibles,” and “knick-knacks,” were not clearly defined, Susan filed a claim in Court to get clarifications as to the unclear terms and presented several arguments. First, she contended that the word “memorabilia” should be read to include only “specific items of tangible personal property as it relates to Robin Williams’s acting career.” Susan felt that the term “jewelry” should exclude his collection of watches and that the contents of the Tiburon home should include items that were not actually located in the home but located in storage elsewhere. She also asked the Court to determine how to value the fund that will be created to pay for the expenses of the Tiburon home. In addition, Susan included a request that the Court interpreted the list of assets going to his children to exclude all items in the Tiburon house. On the surface, it seemed a simple matter. The kids ultimately would get Robin Williams’ fortune, and the stepmom would get only the items located at the Tiburon’s real estate. However, the estate planning documents included enough vague points to generate friction and urged Susan to petition for clarity. For instance, Susan wanted the trustee to pay $30,000 USD for renovations. So, did upgrades and repairs count under the category of “all costs related to the residence?” Part of Robin Williams’ assets were a world-class collection of esoteric and sometimes surprisingly expensive stuff: army men, scientific oddities, comic books. As a result, it was not just a question of who has a more profound attachment to a particular toy but whether the cumulative weight of the “attachments” ended up shifting the overall balance of inheritance. Maybe Williams actually wanted the kids to have the stuff left in the Tiburon house when he died. Either way, the time to spell it out was when he was still alive to sign the trust documents. Likewise, “all costs related to the residence” or “memorabilia” doesn’t cut it. It’s just too vague when this much money is at stake. The dispute ended up with a settlement, but not after some messy publicity. Without a doubt, a result that Robin Williams was trying to avoid by doing his estate planning.

Aretha Franklin: History is filled with examples of celebrities who died without a will: Bob Marley, Prince, Howard Hughes, Pablo Picasso, Jimi Hendrix and even Abraham Lincoln. But a longtime legal dispute involving music icon Aretha Franklin’s estate has been the latest high-profile illustration of why it’s important to have a formal estate plan, even for noncelebrities. The Queen of Soul had two handwritten wills. A Michigan jury said Tuesday that one from 2014 — which was found in a notebook under couch cushions — is a valid will. “Everybody should have either a will or a trust,” said Richard Behrendt, an estate planner based in Mequon, Wisconsin.

Prince: Prince’s estate and the legal actions following his death deliver important estate planning lessons to most of the rest of us. Prince Rogers Nelson, the entertainer known generally as Prince, was a successful musician, entertainer, and record producer. He died at age 57 and left a valuable and complicated estate that was made more complicated by his inactions and oversights. He apparently left no valid will. He was twice divorced and unmarried at the time of his death and had no offspring. Prince had numerous full- and half-siblings. Two of the siblings predeceased Prince, one of whom had a child. These people and others claimed to be rightful heirs to part of the estate. Since he didn’t have a will, Prince didn’t exercise his right to determine who would and would not inherit a share of his estate or which shares the heirs would inherit. Perhaps he wanted his half-siblings to inherit shares equal to those of his full siblings. Maybe he wanted the children or his siblings or half-siblings to inherit along with the rest of his relatives. We’ll never know, because he didn’t have a will.

Chadwick Boseman: According to a 2022 survey published by Caring.com, an online advising service for seniors and caregivers, nearly 70% of Americans do not have a will or living trust in place, and only 16% believe that establishing a will by the age of 45 is necessary. It perhaps isn’t surprising then that the actor Chadwick Boseman, star of Marvel’s “Black Panther,” had not established a will before he died of colon cancer in the summer of 2020 at 43. According to a 2021 Gallup poll, only 36% of Americans between the ages of 30 and 49 indicated that they have a will that describes their wishes for how they’d like their assets to be handled after their death. Not long ago, I’d told my father that if he didn’t establish a will, I would remove myself from his financial affairs upon his death. Whenever someone passes away without a will, I’m reminded of what Henry Ford was believed to have said during a magazine interview in 1921: “Money doesn’t change men, it merely unmasks them. If a man is naturally selfish or arrogant or greedy, the money brings that out, that’s all.” Too many of us have seen such sentiments in action, especially after the passing of a loved one.

Betty White: Golden Girl Betty White died at age 99 in December 2021. White did not have any biological children, but she has three stepchildren from her marriage to Allen Ludden, who passed away in 1981. White did not remarry, nor did she have any siblings. Therefore, there were no legal heirs to her sizeable estate. Betty White’s estate was reportedly worth a total of $75 million, with a $5 million property in California that was protected in a Trust. A Will was also left; as a result of her clear and thought-out estate planning, the full estate could be distributed as per her explicit wishes, which are unknown but thought to have included the charities she supported in her lifetime. This case demonstrates the benefits of proper estate planning; by keeping your affairs and your Will in order, you can ensure that your estate will be dealt with smoothly and in accordance with your requests upon death.

Princess Diana: While it’s been almost a few decades since Princess Diana died tragically in 1997, questions about the distribution of her estate continue to be asked. Although Diana left a seemingly solid estate plan, with a valid Will and Letter of Wishes, a variation order was still obtained by her Executors; these were her mother and sister. Princess Diana’s original Will left sums of money to her butler and to be held in a Discretionary Trust for her sons, Prince William and Prince Harry, and their future family members. Her personal belongings were to be left to her 17 godchildren, and the residuary estate (any remaining funds after Inheritance Tax, debts, and gifts are paid) was to be divided equally between William and Harry. However, Diana’s Letter of Wishes instructed that 75% of her personal belongings were to be inherited by her sons, and the remaining 25% by her godchildren, differing from her Will. Unfortunately, a Letter of Wishes is not legally binding; instead, it provides the Executor(s) or Administrator(s) of an estate with instructions and/or guidance that the Will does not necessarily provide. They can choose whether to enact these wishes. In the case of Princess Diana’s estate, the variation order caused Prince William and Prince Harry to receive their share of the residuary estate at the age of 30, rather than 25. Additionally, her godchildren were gifted one item each of Diana’s personal belongings, rather than 25% as stated in the Letter of Wishes. While these may not seem like major changes to Diana’s wishes, the situation demonstrates the importance of leaving any direct instructions in a legally binding document, such as the Will or an official codicil. A codicil allows you to add to your existing Will without rewriting it and is a legal document, unlike a Letter of Wishes. Without this, the Personal Representative(s) (the umbrella term for the individual[s] administering the estate) may not distribute the estate according to the deceased’s wishes.

Amy Winehouse: Amy Winehouse’s untimely passing in 2011 lead to an intestacy case; although she had made a Will a couple of years prior to her death, it had never been witnessed or executed, and therefore was invalid. This meant that her estate was dealt with as an intestacy case. Her father was appointed as the Administrator of the estate. As Winehouse and her husband, Blake Fielder-Civil, had divorced in 2009 and she had no children, the entirety of her estate was split equally between her parents. The estate was valued at around £3 million at the time of her death; however, it is thought to have grown significantly over the years due to royalties from her music. In 2019, eight years after Winehouse’s death, Fielder-Civil made a £1 million claim against the estate and demanded a monthly allowance from her assets. There is a six-month limit for bringing a claim forward from the time that the Grant of Probate is issued, which had long passed by this point, so the Court had to be asked for permission. Fielder-Civil received a payment of £250,000 from Winehouse as part of their divorce settlement; if this sum was found to be a ‘clean break’ payment – one made with the expectation of no further payments being due – then his case would likely be unsuccessful. In addition, with the claim being made so long after the estate was distributed, it was likely that a large amount of the original inheritance would have been spent. It is not known whether Winehouse’s ex-husband received any money as a result of his claim. Winehouse’s family publicly commented that they were strongly against paying any of her estate to Fielder-Civil, as they do not believe that was within her wishes. However, due to the lack of a valid Will, it is impossible to know for certain. The case of this claim on Amy Winehouse’s estate again demonstrates the importance of ensuring a valid Will is made, even at a young age, especially when large life changes such as divorce are involved. Had Winehouse professionally executed her Will, her family could’ve avoided the strenuous situation of a claim on the estate years after her death. Additionally, by writing and executing the Will using a Will Writer, the document may have been professionally stored, reducing the time spent searching for the document.

So, when making disposition of personal property, make sure that your advisors utilize clear definitions, create a personal property list where you specify who gets what, be specific in your will or trust as to categories of items, and where you want those items to go. Protect your assets and your loved ones from court battles with a quality estate plan.

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Football Player and ‘The Blind Side’ subject Oher Alleges Tuohy Family Made Millions Off Lie

Thu, 10 Aug 2023 22:03:00 GMT

Retired NFL star Michael Oher, whose supposed adoption out of grinding poverty by a wealthy, white family was immortalized in the 2009 movie “The Blind Side,” petitioned a Tennessee court Monday with allegations that a central element of the story was a lie concocted by the family to enrich itself at his expense.

The 14-page petition, filed in Shelby County, Tennessee, probate court, alleges that Sean and Leigh Anne Tuohy, who took Oher into their home as a high school student, never adopted him. Instead, less than three months after Oher turned 18 in 2004, the petition says, the couple tricked him into signing a document making them his conservators, which gave them legal authority to make business deals in his name.

The petition further alleges that the Tuohys used their power as conservators to strike a deal that paid them and their two birth children millions of dollars in royalties from an Oscar-winning film that earned more than $300 million, while Oher got nothing for a story “that would not have existed without him.” In the years since, the Tuohys have continued calling the 37-year-old Oher their adopted son and have used that assertion to promote their foundation as well as Leigh Anne Tuohy’s work as an author and motivational speaker.

“The lie of Michael’s adoption is one upon which Co-Conservators Leigh Anne Tuohy and Sean Tuohy have enriched themselves at the expense of their Ward, the undersigned Michael Oher,” the legal filing says. “Michael Oher discovered this lie to his chagrin and embarrassment in February of 2023, when he learned that the Conservatorship to which he consented on the basis that doing so would make him a member of the Tuohy family, in fact provided him no familial relationship with the Tuohys.”

The Tuohy family did not immediately return phone calls Monday to numbers listed for them. Their attorney, Steve Farese, declined comment to ESPN on Monday, saying the family would file a legal response to the allegations in the coming weeks.

Sean Tuohy told the Daily Memphian website that he was stunned by Oher’s allegations and said the Tuohys “didn’t make any money off the movie,” only a share of proceeds from Michael Lewis’ book, which was the foundation for the film.

“We’re devastated,” Sean Tuohy told the outlet. “It’s upsetting to think we would make money off any of our children. But we’re going to love Michael at 37 just like we loved him at 16.”

Oher’s petition asks the court to end the Tuohys’ conservatorship and to issue an injunction barring them from using his name and likeness. It also seeks a full accounting of the money the Tuohys earned using Oher’s name, and to have the couple pay him his fair share of profits, as well as unspecified compensatory and punitive damages.

“Since at least August of 2004, Conservators have allowed Michael, specifically, and the public, generally, to believe that Conservators adopted Michael and have used that untruth to gain financial advantages for themselves and the foundations which they own or which they exercise control,” the petition says. “All monies made in said manner should in all conscience and equity be disgorged and paid over to the said ward, Michael Oher.”

Oher was a rising high school senior when he signed the conservatorship papers, and he has written that the Tuohys told him that there was essentially no difference between adoption and conservatorship. “They explained to me that it means pretty much the exact same thing as ‘adoptive parents,’ but that the laws were just written in a way that took my age into account,” Oher wrote in his 2011 best-selling memoir “I Beat the Odds.”

But there are some important legal distinctions. If Oher had been adopted by the Tuohys, he would have been a legal member of their family, and he would have retained power to handle his own financial affairs. Under the conservatorship, Oher surrendered that authority to the Tuohys, even though he was a legal adult with no known physical or psychological disabilities.

The petition alleges that the Tuohys began negotiating a movie deal about their relationship with Oher shortly after the 2006 release of the book “The Blind Side: Evolution of a Game,” which chronicled the story.

According to the legal filing, the movie paid the Tuohys and their two birth children each $225,000, plus 2.5% of the film’s “defined net proceeds.” The movie became a critically acclaimed blockbuster, reportedly grossing more than $300 million at the box office, and tens of millions of dollars more in home video sales. The film received an Oscar nomination for Best Picture, and Sandra Bullock won a Best Actress trophy for her portrayal of Leigh Anne Tuohy. While the deal allowed the Tuohys to profit from the film, the petition alleges, a separate 2007 contract purportedly signed by Oher appears to “give away” to 20th Century Fox studios the life rights to his story “without any payment whatsoever.” The filing says Oher has no recollection of signing that contract, and even if he did, no one explained its implications to him.

The deal lists all four Tuohy family members as having the same representative at Creative Artists Agency, the petition says. But Oher’s agent, who would receive movie contract and payment notices, is listed as Debra Branan, a close family friend of the Tuohys and the same lawyer who filed the 2004 conservatorship petition, the petition alleges. Branan did not return a call to her law office on Monday.

In the past, the Tuohys have denied making much money from the movie, saying they received a flat fee for the story and did not reap any of the movie’s profits. And what they did earn, they added, was shared with Oher.

“We divided it five ways,” the Tuohys wrote in their 2010 book, “In a Heartbeat: Sharing the Power of Cheerful Giving.”

Oher’s court petition says he never received any money from the movie, even though he long suspected that others were profiting, according to his attorney, J. Gerard Stranch IV. Whenever Oher asked questions, he did not get straight answers, his attorney said.

And since the film’s success coincided with the start of his lucrative NFL career in 2009, Oher did not take the time to fully investigate the deal until after he retired in 2016, Stranch said. Oher eventually hired a lawyer who helped him uncover the details surrounding the movie deal and his legal connection to the people he believed were his adoptive parents. His lawyer unearthed the conservatorship document in February, and Oher came to the painful realization that the Tuohys had not adopted him.

“Mike didn’t grow up with a stable family life,” Stranch said. “When the Tuohy family told Mike they loved him and wanted to adopt him, it filled a void that had been with him his entire life. Discovering that he wasn’t actually adopted devastated Mike and wounded him deeply.”

The petition marks a sharp break in what had been an inspiring, if unsettlingly stereotypical, feel-good story. As the movie portrayed the story, the Tuohys adopted Oher, a poor, virtually homeless and academically challenged Black teenager. They made Oher part of a functional family for the first time. They helped him catch up in school, taught him the basics of football and how to harness his physical skills, putting him on the road to sports stardom.

The truth, however, was more complicated.

Oher certainly led a hard-knock life growing up. But he also had the smarts, the pluck and plenty of help from the Tuohys and others to rise above his circumstances.

Oher was one of 12 children born to his mother, who struggled with drug addiction. Before his 11th birthday, Oher was placed into foster care, where he bounced around numerous homes, and at times lived on the streets. Although he was a capable student, he attended 11 schools in nine years, and repeated both the first and second grades, leaving him behind academically.

His fortunes changed after a friend’s father, impressed with Oher’s inner drive and focus, introduced him to the principal of a private Christian school in a prosperous Memphis neighborhood. Oher began attending the school in 10th grade, even as his home life remained chaotic. He was a sports prodigy, excelling in track and field, basketball and football, a game he had studied for years.

He began playing football for his new school in 11th grade, quickly establishing himself as one of the nation’s top offensive linemen, and college scholarship offers poured in from big-time football programs across the country.

Because of his unstable housing situation, Oher frequently stayed over at the homes of his classmates, including the Tuohys, whose children attended the school. The petition says that the Tuohys forged a closer relationship with him once Oher’s athletic prowess drew wide attention. They invited him to spend more nights at their spacious Memphis home and took him shopping. Eventually, they asked Oher to move in. They encouraged him to address them as “mom” and “dad,” and said they planned to adopt him, the filing says.

Oher was delighted with all that at the time, his lawyer said, and he fully trusted the Tuohys.

Oher went on to play college football at the University of Mississippi, the Tuohys’ alma mater. He was a two-time All-American and a first-round pick of the Baltimore Ravens in 2009.

After the success of “The Blind Side,” however, suspicion slowly eclipsed Oher’s trust of the Tuohys, his lawyer said.

“Mike’s relationship with the Tuohy family started to decline when he discovered that he was portrayed in the movie as unintelligent,” Stranch said. “Their relationship continued to deteriorate as he learned that he was the only member of the family not receiving royalty checks from the movie, and it was permanently fractured when he realized he wasn’t adopted and a part of the family.”

For years, Oher has chafed at how “The Blind Side” depicted him, saying it hurt his football career and clouded how people view him. He has said that based on the film, some NFL decision-makers assumed he was mentally slow or lacked leadership skills.

“People look at me, and they take things away from me because of a movie,” Oher told ESPN in 2015. “They don’t really see the skills and the kind of player I am.”

For their part, the Tuohys agreed that Oher always had what it took to succeed. “If there is a fundamental misapprehension about Michael, it’s that he needed saving,” the Tuohys wrote in their book. “We discovered that underneath his shyness, his foot shuffling, and his head ducking, he had a tremendous will to determine the course of his own life.”

For years, Oher has said, he was content to live with the myth created by the movie, reasoning that its inspirational message outweighed the pain inflicted by what he saw as its inaccurate portrayal of his life. But that has changed.

“There has been so much created from The Blind Side that I am grateful for, which is why you might find it as a shock that the experience surrounding the story has also been a large source of some of my deepest hurt and pain over the past 14 years,” Oher wrote in his book “When Your Back’s Against the Wall,” released last week.

“Beyond the details of the deal, the politics, and the money behind the book and movie, it was the principle of the choices some people made that cut me the deepest.”

The post Football Player and ‘The Blind Side’ subject Oher Alleges Tuohy Family Made Millions Off Lie appeared first on Probate Law Firm in Michigan - Thav, Ryke & Langan .

Being Prepared about Living Trusts and Wills

Tue, 18 Jul 2023 21:12:00 GMT

Be prepared! When coming to meet with a top Michigan Probate Attorney about a living trust or will, there are a few things that YOU can do to make the meeting even better.

Attorneys like Andrew Thav and Jamie Ryke will help your entire process run smoothly, but it’s always helpful to them (and other attorneys at our firm) if the client comes prepared. This means that you have already given some thought to asking the right questions when the meeting starts. It’s also helpful if you know the answers to some of the background informational questions your attorney will ask you.

We are accepting new clients.

What Property Can Go in a Living Trust?

Most of your property can be placed into your living trust, but some items such as life insurance and certain retirement accounts are not eligible. The more property you place in the trust, the more beneficial the trust will be.

Who Should Be My Trustee?

Most people name themselves as trustee, so that they can manage the trust assets during their lifetime. You can choose anyone or even a corporation as your trustee if you prefer. If you name yourself, you will need to name a successor trustee who can step up to manage the trust after your death.

Does a Living Trust Avoid Estate and Probate Taxes?

A revocable trust (one that can be altered during your lifetime) does not avoid estate taxes that are applied by your state or the federal government. A special kind of living trust called an AB trust passes assets directly from one spouse to another and avoids estate tax. Living trusts do not pass through probate and so your estate will not need to pay any probate fees or costs.

What Are the Benefits of a Living Trust?

Living trusts offer a variety of benefits, which is why they have become so popular. Living trusts allow your estate to avoid probate. By doing so you avoid the costs associated with having a will probated, but you also avoid the delay associated with probate. It can take months for a last will to be probated, but when you create a living trust, the assets in the trust can be distributed soon after your death. You can also choose to delay distribution to later dates. Some people set distributions for their beneficiaries’ big birthdays, for example. Another benefit of a living trust is that because it is not an irrevocable trust, you can alter it at any time. You can even decide to dissolve the trust if you so choose. A living trust is also private. Since it is not probated, it never becomes public record.

Michigan Probate Attorneys has offices in Southfield and Grand Rapids, Michigan. Contact us now.

What are the Drawbacks of a Living Trust?

Living trusts cannot include all of your assets since some are not eligible to be owned by a trust. The other problem with a living trust is it can only control the assets you specifically transfer into it, so if you forget to change ownership of something like a bank account, it won’t be covered by the trust. If you rely solely on trust for your estate planning, the assets that are left out of your trust will pass via your state intestacy laws. The living trust cost can also be seen as a drawback. You need to pay upfront to have the document prepared and make sure the trust is being managed. These costs may be more than those involved in having a will drawn up and probating a small estate.

Do I Still Need a Power of Attorney?

Living trusts have all of your assets already placed in the ownership and management of a trust, so that should you become incapacitated, they are already being handled for you. Most attorneys do recommend you also draw up a power of attorney which will authorize someone else to make legal and financial decisions on your behalf so that there is no question you have someone to handle decisions should you be unable to do so.

What is the difference between a Living Trust vs. Will?

A living trust provides for management and ownership of only the assets you specifically place into it. A trust is designed to function during your life and after your death. A will provides for the distribution of all of your assets upon your death. It only provides instructions for what will happen to your assets after you die.

How Do I Create a Living Trust?

To create a living trust, you need to obtain living trust forms for your state. Complete the forms and sign them in front of a notary, being sure to name a trustee and create the terms for your trust. The trust is not functional until you transfer ownership of assets into it.

Should I Also Have a Will?

Most attorneys agree that if you create a living trust, you should also have a will. This will, sometimes called a pour-over will, is your insurance. In case there are any assets left out of your trust, the will directs that those assets be placed into the trust. In this way, all of your assets can be protected.

Living trusts provide a lot of flexibility and privacy and can be an important part of your estate plan. Considering all the options available to you can help you make the best choice.

Contact the Michigan Probate Attorneys, Jamie Ryke and Andrew Thav, about your estate planning and probate needs.

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Probate Law Firm Moves to New Office in Grand Rapids, Michigan

Sun, 18 Jun 2023 20:46:00 GMT

Thav, Ryke & Associates, a probate law firm in Michigan, has moved to a new office in Grand Rapids.

Our new address is 6255 28th Street SE Suite B, Grand Rapids. We are still located in Southfield, Michigan also.

Our presence in the Grand Rapids area is important for the expansion of our firm. While we the Michigan Probate Law Firm has had a small presence in Grand Rapids in the past, we are now positioned to grow quickly with more talented lawyers. We are excited to grow our firm in the western part of Michigan.

Grand Rapids is a Michigan city on the Grand River, east of Lake Michigan. On the outskirts, the Frederik Meijer Gardens & Sculpture Park has a tropical conservatory and multiple gardens. Its art collection includes works by Auguste Rodin, Henry Moore and Ai Weiwei. Downtown, the Grand Rapids Art Museum spotlights Michigan artists in its rotating shows. Grand Rapids is known for many breweries dotted around town

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Family Member Priorities for Inheritances

Thu, 08 Jun 2023 20:20:00 GMT

A will isn’t just part of a parent’s estate plan: it’s an attorney’s paradise.

Sure, it’s someone’s stated intention for his assets, but it’s also a great opportunity for dysfunctional families to air their grievances one last time. If you don’t hand your will to an attorney or an advisor, it gives siblings, spouses and other heirs an opportunity to accuse each other of tampering and duplicity. Even if the will is in safe hands, it has to head to probate court where it has to get the approval of all of the family members named in it.

If there is no surviving spouse, the decedent’s children or the children of any deceased children inherit everything. But if the decedent left neither a surviving spouse nor descendants, the inheritance moves down the list, in this order:

Decedent’s parents.
Decedent’s siblings.
Decedent’s nieces and nephews.
Decedent’s grandparents.
Decedent’s aunts, uncles and cousins.
The next in line to inherit cannot inherit if anyone higher on the list is still living.

Who Gets What as Intestate Heirs?
The question of which relative inherits the real property from an intestate estate depends on what relatives are still alive when the decedent dies. Sometimes relatives share the inheritance:

Only surviving spouse: In Michigan, if a decedent leaves only a surviving spouse, they are the sole heir and inherit everything.
Surviving spouse but no living parents or descendants: Spouse inherits everything.

Surviving spouse and descendants: A surviving spouse receives $150,000 and half the balance of the estate if the spouse and the decedent had any children together; the children receive the other half of the estate. But if the decedent had children in another relationship, the spouse inherits only the first $100,000 and half the remainder of the estate, and the rest is shared equally by all surviving children.

Surviving spouse but no descendants: If a decedent leaves a spouse and at least one parent but no descendants, the spouse takes the first $150,000 of the estate, then 75 percent of the rest. The parent or parents take the remaining 25 percent.

Decedent leaves no living relatives: When someone dies without any living relatives and no valid will, the estate goes to the state.

Once it is determined which heirs will inherit the real property, the personal representative must get the court’s permission to transfer title. When the court gives approval, the personal representative signs a fiduciary deed. There is no need to remove the name of the decedent from the deed. When the heir takes the deed to be recorded, the recorder will issue a new deed in the heir’s name.

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Disharmony in the Family Can Lead to Estate Bitterness

Sun, 28 May 2023 20:02:00 GMT

Sadly, we don’t have control over family disputes. Conflict can happen when family members have different views or beliefs that clash. With the Christmas holiday coming, these family disputes are often felt the hardest — more than any other time of the year. The holidays are a time for family togetherness, but they can also trigger the deep-seated resentment and animosity that is painfully felt in many families.

Conflict can happen when family members have different views or beliefs that clash. Sometimes conflict can occur when people misunderstand each other and jump to the wrong conclusion. Issues of conflict that are not resolved peacefully can lead to arguments and resentment. It is normal to disagree with each other from time to time. Occasional conflict is part of family life. However, ongoing conflict can be stressful and damaging to relationships. Some people find it difficult to manage their feelings and become intentionally hurtful, aggressive or even violent. Communicating in a positive way can help reduce conflict so that family members can reach a peaceful resolution. This usually means that everyone agrees to a compromise or agrees to disagree. Sometimes, strong emotions or the power imbalances that can be present in relationships are difficult to resolve and can only be addressed in a counseling situation.

One of the most common causes of family conflict revolves around matters of family inheritance. Money, money, money! But also, there can be issues surrounding who gets the parents’ home and who did mom want to get her precious jewelry collection. These family disputes become even more difficult to deal with when there is a contest made to the probate decision. This is because we can’t control whether relatives choose to contest the probate decision.

On our clients’ end, some ways to avoid bickering is to have a will & testament present and to get legal representation. Of course, we would also want them to have healthy communication among family members. As Michigan probate attorneys, we do our best to help and make sure the estate planning documents are done correctly to avoid conflict. Thav, Ryke & Associates will treat you like family in your time of need! For any questions or concerns, please contact us at 800-728-3363.

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Don’t Be in Jeopardy… Get a Probate Lawyer to Help with Your Estate

Mon, 08 May 2023 19:59:00 GMT

The TV show Jeopardy! has been in the news a lot ever since its iconic, and long-time host Alex Trebek died from Pancreatic cancer at the end of 2020. As most people know, the answers to the questions on that TV game show are actually questions. The topic of our blog post here will be questions.

Do you know the questions to ask when you meet with your probate attorney? The first step in the process of course is finding the right attorney. Our law firm specializes in probate law in the State of Michigan so if you found our law firm you already succeeded in the first step in the process.

Asking the right questions, however, is an essential part of that process too. Our dedicated attorneys are asked thousands of really good questions about estate planning and living trusts each year. Our job is to give you the best advice possible.

Here are some recommended questions to ask us. And don’t worry, because if you don’t ask us, we’ll still provide the answers to all of these questions when it comes to trusts.

What Property Can Go in a Living Trust?

Who Should Be My Trustee?

Most people name themselves as trustee so that they can manage the trust assets during their lifetime. You can choose any individual or even a corporation as your trustee if you prefer. If you name yourself, you will need to name a successor trustee who can step up to manage the trust after your death.

Does a Living Trust Avoid Estate and Probate Taxes?

What Are the Benefits of a Living Trust?

What are the Drawbacks of a Living Trust?

Do I Still Need a Power of Attorney?

Living trusts have all of your assets already placed in the ownership and management of a trust, so if you become incapacitated, they are already being handled for you. Most attorneys do recommend you also draw up a power of attorney which will authorize someone else to make legal and financial decisions on your behalf so that there is no question you have someone to handle decisions should you be unable to do so.

What is the difference between a Living Trust vs. Will?

How Do I Create a Living Trust?

Should I Also Have a Will?

Living trusts provide a lot of flexibility and privacy and can be an important part of your estate plan. Considering all the options available to you can help you make the best choice.

Contact the Michigan Probate Attorneys, Jamie Ryke and Andrew Thav, about your estate planning and probate needs.

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A Checklist for an Executor

Fri, 28 Apr 2023 20:52:00 GMT

When a parent or someone close to you passes away, it can be a trying experience. In addition to dealing with natural feelings of grief, there are a number of practical matters that need attention: funeral arrangements, obtaining death certificates, reading the will, probate, distributing assets, and so forth.

This Guide explains key responsibilities and tasks associated with the death of a loved one, with an emphasis on the duties of the estate executor (also known as the personal representative).

The Basics
Fundamentally, it is the executor’s responsibility to manage and wind down the deceased person’s estate, resolving any debts, distributing assets to heirs, and filing legal paperwork. A somewhat simplified view of the overall estate settlement process consists of the following overlapping steps:

Arrange Funeral — Request burial or cremation, organize memorial, order death certificates, etc.
Take Inventory — Find and organize all estate assets and debts
Become Executor — Get appointed by the court (if going through probate)
Send Notifications — Notify friends and family, social security, banks, credit cards, etc.
Manage Estate — Maintain and care for assets; plan asset disposition
Resolve Debts — Pay off debts in full, or arrange for debt forgiveness
File Taxes — Submit relevant tax returns: decedent income, estate income, inheritance, etc.
Make Distributions — Distribute net assets to heirs
Wrap It Up — Finalize the estate settlement, including probate final accounting (if applicable)
At multiple stages along the way you may have to file legal and tax paperwork, and while EstateExec will supply relevant information, it may be helpful to work together with a lawyer (see Do I Need a Lawyer?). While many estates must go through probate, which is the court-supervised version of estate settlement, the diagram below illustrates the steps that generally apply to every estate, whether or not probate is involved:

In Advance Get contacts, obtain copies of important documents, etc.
First Week Notify close friends and family, arrange funerals, order death certificates, etc.
First Month Notify social security, decide whether to hire a lawyer, etc.
First 3 Months Notify insurance companies, open estate account, begin probate, etc.
Calendar Year File annual property and income tax returns
General Tasks Pay off debts, pay estate taxes, plan asset distributions, etc.
Final Tasks Make distributions, finalize probate, close estate account, etc.
Some tasks can be performed by anyone, such as notifying next of kin, while others have strict legal requirements. For example, some states require that an estate executor (or personal representative, or administrator) reside in the decedent’s state, although many jurisdictions allow you to get around that by posting an executor bond or hiring an inexpensive local agent. If you are using EstateExec, it will indicate the rules that apply to your situation.

The Estate
An estate consists of a person’s assets (e.g., house, bank account) and debts (e.g., mortgage, credit card balance). It can be helpful to think of an estate as the sum of:

Assets Subject to Automatic Transfer: Certain assets, such as life insurance policies and IRAs, transfer automatically upon death to named beneficiaries. As an executor, you have no control over such transfers, but you may still be helpful in the process, and such assets are considered part of the estate for tax purposes. If no beneficiaries have been named, then the assets end up transferring to the estate itself and must be settled by the executor along with the rest of the estate.
Trusts: An executor also has no control over trusts the decedent previously established (unless you also happen to be named a trustee of the trust). In general, living trusts are considered part of the estate for tax purposes, while bypass trusts are not. See also Trusts.
Other Items: Everything else is your responsibility, and must usually be settled via probate or a small-estate settlement procedure (see next section). If the will requires you to establish a new trust (i.e., a testamentary trust), the assets intended for the trust must first go through such a settlement procedure.
You can track and manage all such aspects of an estate using EstateExec (although you may want to establish a separate EstateExec “estate” for handling the inner workings of a complex trust).

Probate
Probate is the court-supervised process of administering and settling a decedent’s estate. Not all estates need court involvement, and EstateExec can help you figure out the requirements for your estate (see Is Probate Required?). In general, an estate will have to go through probate unless it contains only assets that automatically transfer to named beneficiaries (such as IRAs), or if the estate qualifies to use one of the state-specific small estate procedures. Regardless of whether or not probate is required, settling an estate requires a fair amount of effort, and EstateExec can help guide you throughout the process.

Distribution Priorities
Priority chart of estate allocation
When distributing estate proceeds, you must be sure to satisfy its obligations in a defined priority order. Certain transfers (such as to IRA beneficiaries) happen automatically outside the control of the estate, and the estate itself must then ensure it has enough funds to pay all taxes, then to pay estate administration costs, then any family entitlements, then any general debts, and with anything left over, fulfill any bequests, and finally distribute the residuary estate. If the estate runs out of money handling one priority, then subsequent priorities are left with nothing.

Note that state law determines which debts have priority over other debts, and some debts (such as funeral expenses) often have priority over family entitlements, but these specifics really only matter if the estate cannot pay all its bills (see Insolvent Estates for more details).

Key Topics
You can click the links below, or in the table of contents to the left, to learn more about key aspects of the estate executor process. Aside from a number of checklist items, perhaps the central aspect of serving as an estate executor is resolving estate obligations and distributing net assets to the heirs.

It’s important to keep good records during this process, as you may need to account for your actions to the court or to other heirs. EstateExec makes estate administration easy, in essence providing a powerful spreadsheet custom-built for handling the estate settlement process, including automatic integration between the various tabs and activities so everything tracks automatically and minimizes errors. Moreover, EstateExec can then use these records to calculate things such as cost basis, executor fees, and more. EstateExec may also be able to optionally download transactions directly from your bank, reducing drudgery and further minimizing the chance for error. And with EstateExec, you can access your records from anywhere, save them in PDF format, print them out, or even import the results into other programs.

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Why Our Lawyers are in Court So Often

Mon, 03 Apr 2023 14:32:00 GMT

The probate lawyers at Thav Ryke & Associates are very familiar with the inside of Michigan’s probate courts. We’re in and out of these course on a daily basis. In fact, our attorneys have been in probate courts throughout the entire State of Michigan.

Each week, our attorneys from the Probate Law Firm of Thav, Ryke & Associates in Southfield, Michigan are present in local Michigan area probate courts, including Wayne County Probate Court, Oakland County Probate Court, Genesee County Probate Court, Washtenaw County Probate Court, Macomb County Probate Court, Lapeer County Probate Court, 28 District Court, Oakland County Circuit Court, 65A District Court, Clinton County Court, Monroe County Probate Court, 36th District Court, Montcalm County Circuit Court, Clare County Probate Court, and Midland County Probate Court.

Why is this an important fact? It means that our lawyers have good relationships with the judges of these probate courts throughout Michigan. We don’t mind driving to the Upper Peninsula of Michigan if that’s where your probate case is. We are not the type of attorneys who sit behind desks and try to handle everything from outside of court. We are there for you, representing you, inside the probate court.

Each week our law firm publishes our court schedule. We do this so you can see the breadth of our court schedule and how influential we are in every probate court throughout Michigan. Call us today to help you when it comes to Probate, Decendents Estate, Contested Estates, Title Issues, Judgment/Settlement Distribution, Guardianship, Conservatorship or Power Of Attorney issues.

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When and How to Talk to Aging Parents about Elder Law and Power of Attorney

Mon, 20 Mar 2023 14:08:00 GMT

No matter how much money one has there is no option to turn back time or slow the aging process. As your parents get older and enter “old age” it’s important to try to balance your respect for their independence with the consequences of their mental or physical health decline. This can be a difficult balance to negotiate.

A recent survey showed that 90% of people said they knew they should talk to a family member about end-of-life wishes and power of attorney, but only 30% of them had. The most common reasons for delaying the conversation were: they thought it was too early to discuss it, it was an uncomfortable conversation, the timing isn’t right, or they didn’t want to upset a loved one.

A power of attorney (POA) is one way to ensure that your loved one’s wishes will be prioritized. The conversation can be difficult, but the flip side is that you may not be able to honor your loved one’s end-of-life wishes. If a parent mentions a family friend or relative who is in the hospital or recently endured a scary medical situation, consider asking your parent if they have thought about what their wishes would be in that situation. Ask your parents about their experience with their own parents end of life planning – what could have made it easier? Talk about a friend’s experience with end-of-life planning with their parents. This many open a door to talking about their own. Introducing the power of attorney conversation can be the hardest part. It is likely that your parents or loved one have already considered their end-of-life plans and may have even put some plans into action that you aren’t aware of.

Some additional advice to help this challenging process along: Be certain that you listen more than you talk. It’s alright to ask questions, but try to avoid voicing your opinion at this stage as it could lead to arguing or debating which could hinder additional dialogue. Offering to help with documents can make the process much quicker and smoother. When having the Power of Attorney conversation, make sure everyone understands the types of Power of Attorney and which roles they are assigning to whom.

Talking about becoming a power of attorney can be difficult, but the conversation is essential. Once the conversation has taken place and plans have been made, it is crucial that loved ones have access to the documents should a medical emergency arise. For the best counsel, we advise you to speak with an elder care legal professional who can knowledgeably guide you and your loved one through the process.

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Michigan and the State’s Ever Changing Laws

Mon, 13 Mar 2023 14:12:00 GMT

As you know from paying taxes each year, there are federal rules and there are state rules. Living and working in the United States means paying taxes to the state and also paying our federal taxes. Each of these taxes are calculated at different rates.

Well, there are also different rules when it comes to probate law according to the State of Michigan. That means that if you are a Michigan resident, you need to keep up-to-date about the various changes in the legislature when it comes to probate law. That’s why it’s best to have a law firm that specializes in probate law on your side. At Thav Ryke & Associates we will be certain to know when there are changes in the local Michigan laws concerning estates, wills, inheritance and general probate law. It can be extremely tough to navigate the complexities of these laws on your own.

If you are currently in a situation where you’ll be dealing with the Michigan state court system in relation to a probate or estate-related matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire an attorney that knows the ins and outs of Michigan probate law.

Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “heirs,” or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.

Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative. In order to act on behalf of the decedent and transfer assets pursuant to a will, a personal representative appointed. The personal representative will then be given letters of authority to act on the decedent’s behalf. The court will determine whether the estate will be unsupervised or supervised. The court may supervise an estate in order to make sure assets are being properly transferred.

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High Net Worth Celebs and Probate

Sun, 19 Feb 2023 15:53:00 GMT

We are only a little more than halfway through the month of February and so many noteworthy celebrities have already died in 2023. Richard Belzer, Tim McCarver, Raquel Welch, Burt Bacharach, David Crosby and Lisa Marie Presley just to name a few.

What will be interesting is to see how the estates of these high-profile celebs are handled, especially in the case of Elvis Presley’s daughter. With her father’s song catalog, we could see similar probate cases like what happened when Prince, Michael Jackson and Aretha Franklin died.

Already there has been news as reported in Forbes.com that Lisa Marie’s daughter Priscilla Presley has already filed a Court Challenge after her mom’s death

Lisa Marie Presley, the only child of Elvis Presley, died unexpectedly on January 12, 2023, at age 54. Weeks later, questions have emerged about what will happen to her fortune following a legal challenge by her mother, Priscilla Presley. When Elvis Presley died in 1977, he left a will that created a trust for the benefit of a pool of beneficiaries, including Lisa Marie, his grandmother, and his father. Under the terms of the trust, when Lisa Marie attained the age of 25 years—provided that both his father and grandmother were deceased—the trust would terminate, and the proceeds were to be distributed.

At the time of her father’s death, Lisa Marie was just nine years old. Her mother, Priscilla, stepped in to manage the estate. That included creating a strategy to benefit from Elvis’ royalties and image rights and turning Graceland into a tourist destination. By the time Lisa Marie turned 25 years old in 1993, the estate was reportedly worth $100 million. Today, Elvis continues to earn from beyond the grave, notching #4 on Forbes’ list of Highest Paid Dead Celebrities of 2022.

Immediately following her death, the Los Angeles Times reported that Presley’s children stood to inherit most of her fortune. In 1993, Lisa Marie had created a trust, as her father had done, which held, among other things, Presley’s beloved Graceland. A Graceland spokesperson reported that the trust that will now go to the benefit of Lisa Marie’s children, saying in an email to the Times, “Nothing will change with the operation or management.”

That may not be true. On January 25, 2023, Priscilla Presley filed a petition in Los Angeles Superior Court that could upend things. According to the court filings, on January 29, 1993, Lisa Marie Presley executed a revocable living trust naming her mother and her former business manager, Barry Siegel, as co-trustees. On January 27, 2010, she amended and completely restated her trust, leaving intact the named fiduciaries. Those facts are not in dispute. However, after Lisa Marie’s death, Priscilla was advised that there was a new document, allegedly in the form of a trust amendment dated March 11, 2016. That amendment removed the previously named co-trustees and replaced them with Lisa Marie as the current trustee, with her daughter, Riley Keough, and son, Benjamin Keough, as successor co-trustees. Benjamin Keough subsequently passed away in 2020. The petition alleges there are several problems with the 2016 amendment. Among them, the amendment was never delivered to Priscilla as required by the original trust terms. Additionally, there are issues with the document including that the date was added via .pdf and the trust misspells Priscilla’s name. No provisions of the amendment appear on the signature page, and Lisa Marie Presley’s signature does not match her usual signature. Finally, the 2016 amendment was not witnessed or notarized, and according to court documents, the original has not been located.

The petition argues that the 2016 amendment is “an invalid modification of the restated 2010 trust.” Priscilla seeks to invalidate the 2016 amendment and restore the restated 2010 trust as the “authoritative and controlling document.” It likely won’t be easy. Even when interested parties believe that a case is a slam dunk, the legal process can be long and potentially difficult. In this case, despite some headlines suggesting that the dispute is about a will, the focus is on a living trust—sometimes called a revocable or inter vivos (“during lifetime”) trust. That distinction matters both in terms of procedure and proof. While a challenge to a will would be heard in probate court, a living trust is considered a nonprobate asset. Nonprobate assets are those that pass outside of the will—like life insurance policies and retirement accounts which pass to named beneficiaries—and may be treated differently.

However, according to the petition, under the probate code and related case law, probate courts in California have jurisdiction over living and testamentary trusts (meaning those that take effect after death) to hear arguments regarding the validity of trust agreements or amendments. The requirements for contesting a will can vary by jurisdiction but generally include allegations of undue influence, lack of capacity, fraud, forgery, or revocation. The time to bring a challenge is typically short—in some jurisdictions, a challenge can be dismissed as soon as three months after probate. It can often be a difficult process since the presumption is that a properly probated will is valid. While the requirements for disputing the validity of a living trust are usually similar—allegations of undue influence, lack of capacity, fraud, forgery, or revocation—it is generally considered more difficult to challenge a living trust than to contest a will. There are a few reasons, including that a living trust is more likely to be drafted by an attorney and not as a DIY document, which can add a layer of credibility. Additionally, the terms of a trust are typically known during lifetime, and trust assets may be administered during the trust creator’s lifetime, making the argument that they didn’t have capacity or were the victim of forgery or fraud hard to prove.

Whether a will contest or a trust challenge, the burden of proof is considerable. Neither a will nor a trust can be contested simply because you believe the provisions are unfair. So what comes next? Filing a petition to contest a will or challenge a trust is just the first step. The process can be lengthy with additional court filings, scheduled hearings, and a discovery process where the parties can gather evidence for a trial, if needed. A hearing in the Presley matter is scheduled for April 13, 2023.

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Detroit Legend Joe Landy’s Properties in Probate

Tue, 07 Feb 2023 16:04:00 GMT

When the well-known Detroit real estate developer and landlord Joel Landy died, many who were familiar with the real estate developer questioned what would happen with his portfolio of properties. So it was no surprise that the answer to that question would be decided by a probate judge.

According to the Free Press, a probate court judge Wednesday approved the long-awaited sale of about 55 properties in mostly Midtown Detroit belonging to the late developer and landlord Joel Landy.

Wayne County Probate Court Judge Judy Hartsfield agreed to allow a pending sale of the “Landy Portfolio” to a trio of local real estate developers and financiers. The final sale price wasn’t disclosed, although court documents previously put the sum at over $17 million.

The would-be buyer is “Landy Land LLC,” an entity 50% owned by Detroit-based real estate development firm Civic Companies (belonging to Adam Kessler and George Roberts) and 50% by Kevin Kovachevich, founder of commercial real estate financing firm District Capital, court documents say.

A mural of the late Joel Landy can be seen on the side of the old Burton school building and is one of many buildings in the Landy portfolio properties seen on Friday, July 2022 in Detroit.
The portfolio encompasses several blocks of houses, storefronts and occupied apartment buildings, as well as former schools and vacant lots. Court documents say the rental properties bring in about $100,000 a month.

In a phone interview Wednesday afternoon, Roberts said that after the sale has closed, they intend to spruce up and renovate some of the properties and “activate” storefronts that are vacant.

His and Kessler’s Civic Companies already owns various office, multifamily and town house developments in Detroit’s Corktown, Woodbridge and North End neighborhoods, he said.

“We are just excited about all the possibilities,” Roberts said.

“Joel was a visionary and a trailblazer,” he continued. “He cared about preserving and energizing historic buildings before it was cool and collaborating with artists and artisans and small businesses, and cultivating a great community experience for residents of the neighborhood. We want to do our best, humbly, to carry on in Joel’s footsteps.”

Most of the sale proceeds will go to the Joel Landy Foundation, whose mission is supporting automotive education and historic preservation in Detroit, causes that were dear to Landy’s heart.

The foundation is controlled by a three-member board whose members are Huntington Bank executive Gary Torgow, his adult son Elie Torgow, who is chief executive officer of Detroit-based real estate developer the Sterling Group, and Landy’s longtime friend and former personal attorney Bob Baldori.

The former Delta Preparatory High School at 3550 John C. Lodge Freeway is one of many of the late Joel Landy portfolio properties on Friday, July 2022 in Detroit.
A $4.7 million portion of the sale proceeds are being set aside to resolve various unsettled business and debt for Landy’s estate, an attorney in the case said.

That money is to be put in escrow pending the resolution of a power struggle in probate court over Landy’s trust that emerged last year between the foundation’s members and the trust’s trustee, attorney Joseph Kopietz, that has been marked by a series of charges and countercharges of improper behavior.

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The Case of Too Many Heirs

Thu, 26 Jan 2023 13:27:00 GMT

Sometimes there are cases in probate in which there are not any heirs around to inherit an estate. There are also times when there are a multitude of heirs and complications about what’s known as heirs’ property. This is what happens in probate cases when there are many heirs. In the probate legal world, “Heirs’ Property” refers to family-owned property inherited by multiple generations without the formal legal proceedings necessary to prove ownership. Sans probate proceedings at an owner’s death, heirs may possess the property, but lack the clear title needed to prove ownership status. They may not be able to sell the property or even use the property as collateral for financing. There are times the inheritors (heirs) might be at a greater risk of losing the property through a partition action or because they fail to pay their property taxes.

This type of heirs’ property arises in higher rates among black, indigenous, and people of color (BIPOC) communities. Sometimes, “heirs’ property” refers simply to any property owned primarily by relatives as tenants in common. This type of ownership is common, but can present difficult issues when owners do not agree about how to use the property and whether to sell it. Many states have partition laws with special provisions for “heirs’ property.” These laws attempt to ensure that, when practicable, family members who do not wish to sell their land can retain ownership of their shares.

If you’re attempting to clear title to heirs’ property you should contact the probate law experts at the Law Firm of Thav Ryke & Associates in Southfield, Michigan. We understand Michigan law and how “Heirs’ Property” may be a complication that your family has to deal with. Don’t delay and contact us today.

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The Probate Process

Mon, 19 Dec 2022 13:18:00 GMT

Your estate must go through probate if you pass away intestate, which is when you don’t have a will or trust. The probate process decides how your assets are distributed under the law of intestate succession. Following that, your direct heirs receive your property. An heir is a person who has the legal right to receive all or a portion of your estate if you pass away intestate. Your principal heirs are your spouse, children, parents, and siblings, in that order.

Even though it is uncommon to pass away with no living heirs, it might happen. Even if you believe you know who all of your heirs are, without a will, you cannot be confident about where your assets will end up. Thav, Ryke & Associates will treat you like family in your time of need! For any questions or concerns, please contact us at 800-728-3363.

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Don’t Put Off Estate Planning Any Longer

Thu, 08 Dec 2022 13:09:00 GMT

We all put off the inevitable. We all procrastinate. We’re human, don’t forget.

You’re entitled to procrastinate. After all, we all have busy lives and multitask and try to stay on top of everything. We also tend to put off the things we really don’t want to focus on. Like our impending death. Who wants to deal with things that remind us we are mortal beings?

Doing your estate planning is one of those things you might put off, but it’s essential to take care of.

Here are some recommendations to help you get to work on it.

Implement a plan to put together your estate plan and monitor your progress.
Use a spreadsheet to track your progress, set dates to those goals/deadlines.
Mark tasks in green that are on track to be completed by their deadline.
Mark tasks in yellow that are processing well but may have a few bumps in the road before the deadline.
Mark tasks in red that are not on track to be completed by the deadline.
Schedule an appointment with one of the probate expert attorneys at the Thav Ryke & Associates Law Firm to help you on your mission of creating an estate plan.

We are here to help you along the way. Don’t hesitate to call us!

The post Don’t Put Off Estate Planning Any Longer appeared first on Probate Law Firm in Michigan - Thav, Ryke & Langan .

Not An Easy Conversation

Mon, 14 Nov 2022 16:19:00 GMT

It’s never easy. We know that. We know that discussing what will happen if you become incapacitated or deceased might be unsettling, but we are here for you.

All human beings, regardless of how successful or wealthy, are mere mortals. We are all going to die. No amount of money in the world can keep us from dying. The wealthiest titans of the world like Mark Zuckerberg, Jeff Bezos, Bill Gates, Warren Buffett and Elon Musk are going to die. We saw that no matter how wealthy Steve Jobs, the founder of Apple, became he couldn’t halt his cancer from ending his life tragically early at a young age.

These are the facts. It’s your responsibility to be prepared so your next of kin will be able to manage your estate and benefit from the hard work you did in your lifetime. If you want your survising spouse and surviving children to have a hassle-free experience after you die, we advise being prepared for the inevitable.

The probate attorneys at the Thav, Ryke & Associates law firm will treat you like family in your time of need. For any questions or concerns, please contact us at 800-728-3363.

#estateplanningmichigan #probateexpert #estatecreditor #replacementservices #transferasset #establishingtrust #inheritance #helpingothers #michigan #heirs #lastwillandtestament

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Michigan’s Lady Bird Deed – What You Need to Know

Wed, 02 Nov 2022 16:14:00 GMT

A Michigan ladybird deed is a type of Quit Claim Deed commonly used in Michigan. This estate planning instrument allows a property owner to maintain control over their property while alive and transfer it to heirs upon their death.

What is a Lady Bird deed?

A Lady Bird deed falls under the Michigan Land Title Standards (6th) 9.3 which governs this method of property transfer. An experienced estate planning attorney can advise you if this type of deed is appropriate for your needs.

Advantages of Lady Bird Deeds
Numerous reasons exist to include a ladybird deed as part of your estate plan. Some of these reasons are listed below:

Control of Property
A Lady Bird Deed allows you to maintain control of your property while alive. This is extremely important for your protection. For example, some folks think adding their adult children to their property deeds is a good idea. They believe this is one way for the kids to inherit property when their parents pass away.

Unfortunately, this method is a potential financial disaster. Let’s imagine one of the heirs gets into financial difficulties with creditors or is going through a messy divorce. In these situations, your property may be at risk. Creditors, ex-spouses, or others may lay claim to your estate.

Another important factor to consider is your ability to sell your property or refinance it at any time. A ladybird deed gives you full control over your property while alive. Because we can never predict the future behavior of others, it’s important to protect your assets. (See the article here for more information on Michigan Divorce Laws.)

Avoiding Probate
Lady Bird Deeds avoid probate court. These courts deal with someone’s assets and belongings after they pass away. Going through this court is expensive and time-consuming. Many times families are dealing with the grief of losing a loved one and find out there was no will, trust, or other estate planning documents.

This makes settling an estate extremely stressful and expensive for heirs. So, a ladybird deed would avoid probate court and is a less expensive method of passing on property.

Protection From Medicaid Recovery
A Lady Bird Deed may protect your home from Medicaid Recovery in Michigan.

On September 30, 2007, the State of Michigan passed the Estate Recovery Law. Under this new law the State of Michigan can recoup monies spent on Medicaid from the sale of someone’s home after death. So, if a person qualifies for Medicaid and receives benefits the State will try to recover those benefits after the person passes from the sale of their home. Previous to 2007, a person’s home was passed to heirs…not the State of Michigan.

However, BEFORE applying for Medicaid a person may work with an attorney and set up a ladybird deed to protect their home from the State of Michigan.

Positive Tax Implications
A ladybird deed provides numerous tax benefits to the grantor and heirs. This deed may reduce capital gains tax on the sale of your home. Also, the grantor’s gift tax exemption is unaffected until after death. Finally, you can avoid uncapping your taxes with this instrument. An experienced estate planning attorney can advise you about the tax benefits regarding a ladybird deed.

Disadvantages
Each estate is unique and requires evaluation. There may be times when a ladybird deed is inadequate for a particular family. For example, there may be significant property involved or complicated problems with one or more heirs.

When there are extenuating circumstances within a family an attorney may recommend a trust. If someone in your family has substance abuse problems, mental health issues, physical limitations, or unhealthy personal relationships talk to your attorney regarding the best options. Finally, if a family member is on Medicaid, an inheritance may affect benefits.

All of these factors should be discussed with an experienced attorney that specializes in estate planning. The goal is to protect your assets and provide for your heirs as efficiently as possible.

Lady Bird Deed Michigan Form
The Michigan Lady Bird Deed is a small estate planning document, typically only a few pages or less in length. You can see an example of this document below. Also, here’s a PDF link to this document that’s available for download.

Blank example of a Michigan legal document titled Lady Bird Deed

About The Author
Sean Nichols is an attorney who specializes in estate planning. He started his legal practice back in 2011 to help the underserved population of elderly and disabled individuals.

Our lawyers are qualified, knowledgable and expertly dedicated to helping families across Michigan plan a comfortable future for themselves and their loved ones. We have years of experience representing clients through various estate planning matters including ladybird deeds.

If you have questions about ladybird deeds, wills, trusts, or other similar legal aspects, call and talk to an experienced estate planning attorney today at Thav Ryke & Associates.

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Probate Advice For Couples With No Children

Mon, 17 Oct 2022 21:47:00 GMT

If you have no children, when is a good time for an older couple to meet with a Probate Attorney? It’s a great question to ask. It’s really never too early to begin estate planning so the earlier the better — even if you do not have children.

When a couple doesn’t have children, it’s often best to establish a trust, which would allow the couple to avoid having to go to probate court.

A common misconception about Estate Planning is that the process is only for couples or individuals with children. While Estate Planning is a critical step for parents, the process is just as important for those without children. That being said, Estate Planning for childless couples is not always a simple task. You will need to sit down with your spouse and discuss each of your assets, how you want them distributed, and name an executor. With or without children, these can be difficult conversations to have.

For many individuals starting a family is the first real indicator that it’s time to make an Estate Plan. In reality, there are numerous life events that should serve as signals to start Estate Planning. The clearest guideline is to make a Will once you turn 18, but it could also be when you open a savings account, get married, or even travel internationally. Read this guide to learn more about when you should create an Estate Plan.

Estate Plan involves more than just passing down family heirlooms. Those without children still have assets and funds that can be given to someone else: whether it be their surviving spouse, family members, or even charitable organizations. Estate Planning is the best way to ensure each of your end-of-life wishes are followed and that your spouse is taken care of after your death. It can also serve as a directive for your healthcare if you are medically unable to make those decisions.

Estate Planning when you have no children will require you to answer some potentially challenging questions about your end-of-life wishes. Most notably, you will need to determine a healthcare directive and how you want your assets distributed. To ensure your medical wishes are followed if anything were to happen, it is a good idea to legally establish a power of attorney. Many individuals will choose their spouse, but in the event that both partners are unable to make decisions, it can be helpful to have another option listed in your Estate Plan.

Childless couples still need to choose where they want to leave their money and assets. This could involve leaving money to nieces and nephews, siblings, family friends, and charitable organizations. The most important thing to remember when delegating your assets is that it should be done in a way you are comfortable with. At this time it is also important to choose an executor for your Will. The role of an executor is to carry out the terms of a Last Will and Testament. This is the person who will take care of any final financial affairs, pay debts, and ultimately distribute assets. The goal here is to select someone you trust for the job. The person you choose could be a sibling, niece, nephew, or even close friend. You can pick anyone you want, so long as they agree to take on the role.

Estate Planning can seem intimidating without children or heirs already in mind. However, the importance of the process remains. Here are a few extra tips to help you along:

Leaving money to charity is always an option: If you are looking for answers on what to do if you don’t have heirs, consider leaving money to an organization you like. Many individuals will opt to leave funds or assets to charities they support, doing so can help reduce overall estate taxes.

Don’t be afraid to work with a professional: If you are unsure how the Estate Planning process works without children, reach out to our team for help. We have trained lawyers here to help guide you through the entire Estate Planning process.

Start planning early: The unfortunate reality we live in is that anything can happen; therefore, it is crucial to make an Estate Plan as early as possible. This will help ensure your healthcare wishes are followed and your assets are taken care of. If you die without a Will, your assets will go through probate court before being distributed. Most states have their own succession laws that dictate how this process will work. If you do not have children, it is common for assets and funds to go to your parents and then siblings. Read this guide to learn more about the process of dying without a Will.

Creating an Estate Plan is an intimidating, often overlooked task. However, the importance of a Will or Trust cannot be understated, particularly when Estate Planning for childless couples and individuals. These legal documents not only delegate your assets and belongings but in some cases can even guide end-of-life care. Take time today to plan out these decisions, while difficult this process can provide peace of mind for those without children to count on.

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How To Avoid Ancillary Probate When There’s Property In Other States

Sat, 01 Oct 2022 21:48:00 GMT

At Michigan Probate Attorneys, we want to educate you about different probate scenarios that could affect you or your loved ones. If you own property in different states (say you live in Michigan, but winter in Florida), your estate could be complicated for those that survive you one day. Real estate is governed by the laws of the state in which it is located, not by the laws of the state where the owner lives. Thus, when a person dies, probate must be done in the state where they live and also in the state(s) where any of their property is situated. Although doing probate in one state is usually not too big a deal, having to deal with two separate state processes can be quite a headache.

Probate in a second (or third) state is called “ancillary probate.” Probate begins in the state where the deceased lived, and then the ancillary probate process is started in the state(s) where the property is located. This process often means more bother and expense for the executor of the estate, and the executor will likely need to find an attorney in the other state to help handle the probate.

Many property owners don’t think about this complication, but it is good to know that this problem exists and that there are simple ways to avoid ancillary probate. Here are two possible ways you can avoid a complicated probate situation when you own property in different state(s):

– Owning the property as joint tenants with someone else. This option allows you and another person(s) to own the property. At the time of death, the property can transfer to the other joint owner and not have to be probated.

– Putting the property in a trust. Assets held in a trust are not part of the probate process. Those assets are distributed pursuant to the trust instructions, and this process negates the need for any probate process even for property located out-of-state.

The need for ancillary probates can be avoided as long as some proactive planning is done. If you are ready to create a plan, or if you just have a few questions, please contact Attorney Jamie Ryke or Attorney Andrew Thav at Michigan Probate Attorneys in Southfield, Michigan.

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5 Things to do Before you Meet with an Attorney to Probate an Estate

Mon, 19 Sep 2022 21:49:00 GMT

When a relative dies, it’s a very complicated, challenging and painfully sad process. Grieving with your loss while trying to navigate the probate process alone is more than most people can cope with. As a result, most people hire an attorney to help them complete a probate. Probate is the name given to the process of collecting and managing the assets; debts or taxes; and distributions of property of a person who has died. Once you found an attorney to help you through the probate process, there are 5 things you can do to prepare for your first meeting.

First, we recommend ordering several certified copies of the death certificate. Death certificates are used in planning and carrying out the probate process in many ways from providing a copy to the Court to forwarding copies to account holders and life insurance providers. If possible, bring at least one certified copy of the death certificate to your first meeting with your probate attorney.

Second, determine if there is an existing written Will, or written Estate Plan. Finding the original documents and providing these documents to your probate attorney will help in the determination of whether probate is required or not. For instance, if there is a trust, probate might not be necessary. If probate is necessary, many states require that the original will be filed with the Court during the probate process. Locating and bringing this to your probate attorney will avoid delays.

Third, once the written Will or Estate Plan is located, you can determine who the personal representative, or executor, of the estate is. This person is usually identified in the written Will or Estate Plan. Bring copies of these documents with you to your meeting with your attorney so that the person named as the personal representative, or executor, of the estate can be contacted by the probate attorney.

The fourth step, if possible, is to collect as much information as you can concerning all the assets and debts of the person who has died. For example, it would be helpful at your first meeting to provide your probate attorney with copies of any existing life insurance policies, retirement accounts or pensions, bank account statements, and the latest tax return. In addition to these documents, copies of any and all real property deeds or mortgages should be gathered and delivered to your probate attorney.

Fifth, if you can identify them, bring a written list of the names, addresses and phone numbers, of all your loved one’s children, relatives, or family members. These individuals may be the heirs or beneficiaries of the person who died and your probate attorney may need to contact them during the probate process.

By preparing all of these documents and information, your first meeting with your probate attorney should be successful.

Please call Attorneys Jamie Ryke and Andrew Thav, the Michigan Probate Attorneys. Our law firm will be with you every step of the way. The Probate Lawfirm of Thav Ryke and Associates in Southfield, Michigan can be reached at (248) 945-1111.

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Estate Planning in Michigan

Thu, 01 Sep 2022 15:44:00 GMT

What is Estate Planning?

Michigan attorneys Jamie Ryke and Andrew Thav are probate experts. Based in Southfield, Michigan, they explain everything you need to know about estate planning and probate law on the Michigan Probate Blog.

Estate Planning is the development of a plan for managing your assets and affairs during your lifetime, in case of incapacity, and upon your death. Your estate contains all assets you own, including real property, business interests, investments, retirement benefits, insurance and personal property.

Many people only focus on planning for someone’s death and neglect dealing with lifetime incapacity issues. However, those issues can be more traumatic than what happens to someone’s estate when they die.

Contact the Michigan Probate Attorneys now for a consultation. We are accepting new clients.

Here are some things that Attorneys Ryke and Thav will help you deal with when estate planning:

-Providing for minor, immature, or Special Needs beneficiaries
-Avoiding Lifetime Probate and Death Probate
-Minimizing taxation of their assets (estate taxes, income taxes, capital gains taxes, etc.)
-Maintaining control of their affairs during incapacity and their estates at death (i.e. health care wishes, blended families, etc.)
-Protecting their assets from long term care costs

The most basic estate planning methods include:

-Will Based Planning
-Joint Property & Beneficiary Designations
-Trust-Based Planning
-Powers of Attorney
-Do Nothing

Here are some things to think about when meeting with an attorney to plan your estate. If you choose to forgo estate planning, you will lose the right to have any say in what happens to your assets, your minor children, and even to yourself when you die or if you become incapacitated. A probate judge will decide these matters. Your wishes will not be considered.

If you become incapacitated without an estate plan, Guardianship proceedings will need to be initiated with the probate court to appoint someone to make medical decisions for you and Conservatorship proceedings are necessary for someone to obtain authority to handle your finances. When you pass away, your assets will have to pass through Death Probate. These are often lengthy, stressful and expensive processes.

Lifetime Probate lasts as long as the incapacitated person is alive and remains incapacitated. The Death Probate process typically takes at least a year to complete and consumes 5 to 10 percent of a probate estate’s value. These costs can be even higher if you own real estate in more than one state, since each piece of property must pass through probate in the state where it is located. These probate proceedings are a matter of public record, and your probate records can be acquired by solicitors selling services and products.

Will Based Planning

A Will is a legal document that allows you to direct how your assets will be distributed, who will handle your final affairs, and who will care for your minor children after your death. However, a Will cannot keep your assets out of the Probate Court or reduce your estate tax liability. Like the “Do Nothing” method, a Will subjects your estate to the attorney’s fees, costs, delays and lack of privacy associated with Death Probate.

A Will Based Plan may be advisable for younger individuals who are just starting out, with little net worth and perhaps with minor children, but who cannot afford a more comprehensive Trust-Based Plan.

Michigan Probate Attorneys has offices in Southfield and Grand Rapids, Michigan. Contact us now.

Joint Ownership & Beneficiary Designations

Because the use of Joint Ownership can sometimes avoid probate, people often use it as an estate-planning method. Unfortunately, many times this does more harm than good.

Joint ownership (with rights of survivorship) arises where two or more people own an asset or real estate together. When one of the owners dies, the entire ownership passes automatically to the surviving joint owner without passing through probate. Unfortunately, in Michigan, there are several different types of “joint ownership” and they do not all prevent assets from having to pass through probate.

Joint Ownership results in loss of asset control because you are no longer the sole owner of your property. Jointly owned real estate cannot be transferred or sold without the permission and signatures of all joint owners, and sometimes their spouses.

Jointly owned bank accounts can be emptied by a joint owner, even though that owner has never contributed to the account. In addition, when someone is made a joint owner of your asset, their creditors can seek to satisfy their claim with your asset.

Problems can arise even when you have total confidence in a joint owner. For example, if a joint owner becomes incapacitated, some joint assets cannot be transferred without initiating a Conservatorship probate proceeding to appoint someone to act on the joint owner’s behalf. Consequently, the probate court will have ultimate control over the property until the incapacity ceases or the joint owner dies.

Making someone a joint owner of your property can create needless gift taxes, income taxes, and especially capital gains taxes, which are far greater than the actual cost of probate. It may also disqualify the joint owners from receiving Medicaid and Supplemental Security Income benefits.

Finally, although owning assets jointly (with rights of survivorship) avoids probate at the death of the first joint owner, this probate avoidance is only temporary. When the last joint owner dies the asset must pass through the Probate Court.

Pay-on-Death and Beneficiary Designations result in assets paying to a beneficiary after you die, but do not give anyone legal access to the asset to help you in the event of incapacity. They do not allow you to control when that asset is distributed to an immature or minor beneficiary as you can with a Living Trust. If a beneficiary is receiving Medicaid, SSI, or other governmental benefits, they may be disqualified by receipt of those assets, unlike if the assets had been held in or paid to a Special Needs Trust, which would not disrupt such benefits.

Trust-Based Planning

A Living Trust is a document that enables you to:

direct who will handle your financial affairs if you become incapacitated; and
control when and to whom your property will be distributed after your death – without passing through probate.
Living Trusts (sometimes referred to as “Revocable Living Trusts”) have increased in popularity and usage as an estate-planning method, primarily because of the many benefits that can be realized by using them, including:

-Avoiding Lifetime Probate
-Avoiding Death Probate
-Minimizing or even eliminating federal estate taxes
-Maximizing Medicaid Planning opportunities

Powers of Attorney
Every estate plan should also include a Financial Power of Attorney, a Medical Power of Attorney, and a HIPAA Authorization.

A Financial Power of Attorney (or Durable Power of Attorney) is a document in which you empower someone to handle your financial affairs during your lifetime.

A Patient Advocate Designation ( or Durable Power of Attorney for Health Care or a Medical Power of Attorney) is Michigan’s version of an “advanced medical directive.” The PAD permits you to designate a person, called your “advocate”, to make medical decisions on your behalf, if you no longer can.

HIPAA Authorization: The Health Insurance Portability and Accountability Act of 2003 (“HIPAA”) prohibits health care providers from releasing your private medical information to anyone but you or your “personal representative.” Consequently, we make specific recommendations to our estate planning clients to ensure their preferred decision-makers are properly documented.

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Lawyers Who Care About their Clients

Mon, 15 Aug 2022 00:32:00 GMT

Like in any profession you have lawyers who became lawyers for a whole host of different reasons. There are lawyers who went into this profession simply because one (or both) of their parents were lawyers. Others became lawyers because they feel passionate about the legal system and truly want to help others.

At the Probate Law Firm of Thav, Ryke and Associates, all of our attorneys chose to go into the law because we want to be of assistance to our clients — especially when our clients find themselves in challenging or confusing situations. The predicament of probate is very confusing for most people. Every state has different rules regarding how property is passed on to survivors and what is to be considered by a court when passing property on.

We, the attorneys at Thav, Ryke and Associates, are here for you. When a loved one dies, it is a very difficult time — filled with many emotions and memories, both bitter and sweet. Many people feel like the last thing they want to have to deal with when a parent dies or another close relative dies is the legal side of things. That’s where we come in.

Call the attorneys at our law firm today so we can be there for you. We specialize in Probate Law and we are Michigan’s #1 choice for probate attorneys.

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Who’s It Going to Be? The Estate Executor Decision

Mon, 01 Aug 2022 12:20:00 GMT

You need a ride to the airport and don’t feel like taking an Uber, Lyft or a Metro Car. Who do you call?

You could call your sister, but you don’t want to bother her since she has little kids. You could call a coworker, but then you’ll owe them a favor. There’s your neighbor, but that could make for an uncomfortable ride to the airport since all she does is gossip about the other neighbors.

The above scenario is a typical experience people make all the time. Who do you call when you need a favor. A quick ride to the airport is simple when you think about it. Determining who will have control over your estate is a much larger decision for you to make. Choosing who will execute your plans after your death is as important as deciding who will inherit your estate. When it comes to a living trust in Michigan, the executor is known as your “successor trustee.” If you choose a testament, this individual is known as your “personal representative.”

This is a decision that should not be taken lightly. It will affect your children, grandchildren and maybe even your great-grandchildren. You want to use caution when choosing this person and choosing an attorney with decades of experience when it comes to probate, estate, wills and the like might be in your best interest.

Thav, Ryke & Associates is a Michigan-based probate law firm with many skilled and experienced lawyers. We will treat you like family in your time of need! Please contact us today at 800-728-3363.

#estateplanningmichigan #probateexpert #estatecreditor #replacementservices #transferasset #establishingtrust #inheritance #helpingothers #michigan #heirs #lastwillandtestament

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Avoiding Probate Nightmare Stories

Tue, 19 Jul 2022 01:22:00 GMT

The best way to avoid probate court nightmares is to create a living trust. A living trust allows you to manage and distribute your assets and property efficiently without having probate court interference.

For many individuals, probate is something to avoid because it can be a hassle and an expensive nightmare. Sadly, there are many probate horror stories.

For those who have not adequately prepared for their death, their heirs will find themselves in a probate nightmare. Their final affairs are difficult to manage after they have died. These probate cases can sometimes last for many years and the legal costs will grow over the years. The administration of the estate’s assets is a huge challenge when there are no legal documents or records to access for the estate’s personal representative.

Family problems that lead to disputes between heirs of an estate must be resolved by a probate court which can not only add to the timeline for a probate case but can also result in conflicts between family members that can have lasting effects.

A worst-case scenario involves greed on the part of an heir or even a personal representative who ends up stealing from the probate estate. Not only are these criminal actions, but they can, once again, have lasting effects on the family of the decedent.

Probate nightmares can also occur when people try to handle the process on their own or choose an attorney who isn’t qualified.

The bottom line is that you want to avoid probate at all costs and hiring a competent attorney is the first step in doing this. Be prepared because we all know that we are mortal and will eventually pass away. Contact a skilled attorney at the Law Firm of Thav, Ryke & Associates in Michigan – we are the Michigan Probate experts.

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An Understanding of a Michigan-Based House During Probate

Mon, 11 Jul 2022 20:33:00 GMT

You love your house. You have enjoyed many years of living in your house. You’ve made it a home. Maybe you’ve even paid off your mortgage.

It all want according to plan, however, have you considered what happens to your house when you die? If your estate goes into probate, what will be the fate of your home? Will your heirs have to be exorbitant taxes when they inherit your house?

Many clients and potential clients of our probate law firm ask us the following question: What happens to a Michigan estate during the probate process?

Usually, a deceased individual’s property has to pass through a legal process known as probate before beneficiaries legally receive their inheritance. If there is no will, the state usually appoints a personal representative to administrate estate valuation and division. Where there is a valid will, it should name an executor who takes on those responsibilities.

After an administrator is named, he/she becomes responsible for compiling all estate assets and settling estate debts, including items like taxes, funeral costs, and administration expenses. After fulfilling these obligations, the executor or personal representative divides the remaining assets among beneficiaries.

Are all assets subject to the probate process?

Some estate items may not have to pass through probate at all. Some examples of assets that a Michigan probate court may not take into consideration during the process include the following:

Michigan law also allows for a streamlined probate process for smaller estates under a certain value. In 2018, an estate of no more $23,000 may qualify for proceedings that require minimal court action.

Going through probate is often a time of high emotion and high stress. Appointed executors should consult with an experienced attorney like the lawyers at the Probate Law Firm of Thav Ryke and Associates in Michigan. We can provide you with advice on how to navigate the process smoothly, avoid common missteps and keep beneficiaries happy.

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Trust Us: Why Trusts Are Important

Thu, 16 Jun 2022 12:49:00 GMT

At Thav Ryke & Associates, we are often asked for our expert opinion on the importance of setting up a trust. In Estate Planning, a trust is a very important part of the planning process in most cases. As we have stated many times in this Michigan Probate Law Blog, a will is an important estate planning tool. Oftentimes, however, in addition to having a professionally written will, it is also imperative to have a trust set up as well to ensure certain protections.

Trusts are set up to include particular protections for you and your loved ones (your survivors). A will defines the people who will receive assets from your estate, while a trust gives you the authority to decide how and when those assets are given to your survivors (or others you deem worthy of receiving some of your assets).

The Trust can be essential if any of your beneficiaries are minors or you want adult beneficiaries to obtain your assets or money over a longer period of time rather than all at once (which can be complicated if you are not confident your beneficiaries can manage money).

Trusts also can be helpful tools that allow you to manage your assets in your lifetime, while you remain the trustee of your trust. As the trustee, you can manage property, assets, money, or anything else you have listed in your trust. During this time, any trust created and funded during your life is a “living” or “revocable” trust. If you ever become incapacitated — and your trust includes an incapacity clause, which defines who manages your affairs in this instance — the trust will ensure your needs are met. Your estate and finances will be managed for your benefit.

When you die, your trust becomes “irrevocable” meaning that your assets are managed and distributed by your designated trustee. They are legally required to follow the instructions laid out in the trust. Trusts give you more comfort and peace of mind because you and your loved ones will rest assured that there is a plan outlined for the management of family assets. Trusts also protect family members who are minors (your children or grandchildren or great-grandchildren), who may not have the resources to deal with financial matters after you are gone.

For questions about setting up a trust as part of your estate plan, please contact one of the expert Michigan probate law attorneys at Thav Ryke & Associates in Southfield, Michigan.

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Siblings and Personal Representatives

Thu, 02 Jun 2022 15:57:00 GMT

One only needs to look at the beginning of the Bible to know that stories of sibling rivalry and dispute are not uncommon. In the probate law world, it is not unusual for us probate attorneys to hear stories of clients filing a lawsuit to have a sibling removed as the personal representative of an estate.

Following a death, the person’s assets will be gathered, business affairs settled, debts paid, necessary tax returns filed, and assets distributed as the deceased individual (generally referred to as the “decedent”) directed. These activities generally will be conducted on behalf of the decedent by a person acting in a fiduciary capacity, either as executor (in some states called a personal representative), an administrator (if the person dies without a will) or as trustee, depending upon how the decedent held his or her property.

In most instances, when a person dies owning property of more than a de minimis value, it is necessary to appoint someone to administer the estate. That person (it could be one or more individuals, a bank or trust company, or both) who acts for, or “stands in the shoes of,” the deceased is generally called the personal representative. If the decedent dies “testate” – that is, with a Will – an Executor is appointed as the personal representative. If the decedent dies intestate – i.e., without a Will – an Administrator is appointed as the personal representative. The duties and responsibilities of the personal representative, and even the title of the personal representative, may change depending on the state laws and circumstances involved, but the need for such a person (or persons) is shared by all.

There can be other issues for the personal representative to handle aside from those involving financial considerations. For example, a decedent might have had a child from a previous marriage for whom he was paying support. There could have been an outstanding agreement under which the decedent, or the decedent and his wife, was to purchase real estate, with the settlement or closing date after the date of the decedent’s death. Even if the decedent’s affairs were precisely in order and there were no outstanding personal or business debts, a personal representative might be necessary to distribute the decedent’s assets among his spouse and the children. There are, in fact, few situations in which property of a decedent can be transferred at death without the appointment of a personal representative.

As a first step, it is helpful to know the meaning of a few common terms:

“Administrator” – (A woman is sometimes called an “administratrix”) An individual (or sometimes a trust company) that settles the estate of a decedent who dies without a will according to the state laws of intestacy.

“Fiduciary” – An individual or trust company that acts for the benefit of another. Trustees, executors, administrators and other types of personal representatives are all fiduciaries.

“Grantor” – (Also called “settlor” or “trustor”) An individual who conveys property by means of a trust; the person whose wishes are expressed in the trust.

“Testator” – A person who has made a valid will (a woman is sometimes called a “testatrix”).

“Beneficiary” – A person for whose benefit a will or trust was made; the person who is to receive property, either outright or in trust, either presently or at a future date.

“Trustee” – An individual or trust company that holds legal title to property for the benefit of another and acts according to the terms of the trust.

“Executor” – (Also called “personal representative”; a woman is sometimes called an “executrix”) An individual or trust company that settles the estate of a testator according to the terms of the will.

“Principal and Income” – Respectively, the property or capital of an estate or trust and the returns from the property, such as interest, dividends, rents, etc. In some cases, gain resulting from appreciation in value may also be income.

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When the IRS Claims an Estate is Undervalued

Thu, 12 May 2022 21:25:00 GMT

What is the best course of action when the IRS says an estate is UNDERVALUED? For many heirs this can come as a shock because they don’t know where to turn when they receive this kind of communication from the Internal Revenue Service.

This is why law firms that specialize in probate are around. We at Thav, Ryke & Associates are here to consult and assist families who have such letters from the IRS.

Perhaps you have seen the recent news articles that have claimed that the IRS is disputing the valuation of the late Minneapolis-based artist Prince’s estate.

That $80 million undervaluation creates a large tax bill along with penalties for the heirs of the estate. Comerica Bank initially evaluated Prince’s estate and now the IRS says it undervalued the estate by 50%. The article is below if you’re interested in reading it.To speak to a probate lawyer about the valuation of your deceased loved one’s estate and assets, contact the attorneys at Thav Ryke & Associates in Michigan.

—————
By The Associated Press
MINNEAPOLIS — The ongoing controversy over the money left behind by Prince when he died without a will is heating up again after Internal Revenue Service calculations showed that executors of the rock star’s estate undervalued it by 50 percent, or about $80 million.

The IRS determined that Prince’s estate is worth $163.2 million, overshadowing the $82.3 million valuation submitted by Comerica Bank & Trust, the estate’s administrator. The discrepancy primarily involves Prince’s music publishing and recording interests, according to court documents.

Documents show the IRS believes that Prince’s estate owes another $32.4 million in federal taxes, roughly doubling the tax bill based on Comerica’s valuation, the Star Tribune reported.

IRS says Prince’s estate was undervalued by $80 million
The IRS also has ordered a $6.4 million “accuracy-related penalty” on Prince’s estate, citing a “substantial” undervaluation of assets, documents show.

Prince’s death of a fentanyl overdose on April 21, 2016, created one of the largest and most complicated probate court proceedings in Minnesota history. Estimates of his net worth have varied widely, from $100 million to $300 million.

With Prince’s probate case dragging on, his six sibling heirs have grown increasingly unhappy, particularly as the estate has doled out tens of millions of dollars to lawyers and consultants.

Comerica and its lawyers at Fredrikson & Byron in Minneapolis maintain their estate valuations are solid. Comerica sued the IRS this summer in U.S. Tax Court in Washington, D.C., saying the agency’s calculations are riddled with errors.

“What we have here is a classic battle of the experts — the estate’s experts and the IRS’ experts,” said Dennis Patrick, an estate planning attorney at DeWitt LLP in Minneapolis who is not involved in the case. Valuing a large estate, Patrick added, “is way more of an art than a science.”

Comerica, a Dallas-based financial services giant, has asked the tax court to hold a trial in St. Paul. A trial could dramatically lengthen the settlement of Prince’s estate and generate more legal fees at the expense of Prince’s heirs, Patrick said.

Source: The Associated Press

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Create a Will Online for Free

Tue, 19 Apr 2022 18:24:00 GMT

Did you know that on the Thav, Ryke & Associates website you can create a Will for free?

Start your Will creation using our easy-to-use forms by clicking this link .

Our law firm can even file your Will on your behalf.

If you have any questions, just call our probate law firm today: (248) 945-1111

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Probate Can Get Messy – Just Look at These Celebs

Mon, 11 Apr 2022 16:15:00 GMT

It’s no secret that probate cases can be messy. They are difficult to deal with because there is so much paperwork and documents to deal with. Additionally, probate law is a very specific specialization of the law so it requires the assistance and leadership of highly trained, skillful attorneys who are experts in probate law. Further, each state has different probate laws so you’ll need an attorney that is knowledgeable about local state probate law when it comes to wills and estate plans.

One way to know just how complex a probate case can be is to look at celebrities and high-net-worth individuals who have had their estates disputed in court.

You’ve likely heard about probate fights over estates when it comes to the famous estates of noteworthy celebs like Aretha Franklin and Prince, but these are the five most famous celebrity probate cases of all time:

Ice Cream Mogus Tom Carvel was the inventor of soft ice cream. He started out by selling ice cream from his truck in 1929. From there, he developed a business that became one of the first franchises in America. The reason for the probate fight was that Carvel left a will saying that all his money should be put in a trust for various donations to charities. The disagreement reached the boiling point when Carvel’s niece filed for his body to be exhumed in 2009 to investigate potential poisoning.

Anna Nicole Smith was married to billionaire J. Howard Marshall who was 62 years older. After only 14 months since these two got married, he died, leaving all the money to his son – E. Pierce Marshall. Anna and his other son, J. Howard Marshall III, joined forces and filed a will contest in court, claiming half of the will. Even if two of the participants died in the meantime, E. Pierce Marshall in 2006 and Anna Nicole Smith in 2007, the battle continues.

Tina Turner’s ex-husband, Ike Turner, died in 2007, he left behind a very valuable estate and royalties to almost 4000 songs. Because he didn’t leave a clearly stated and recorded will, the situation developed into his six children appearing before the courtwith six different wills, each giving rights to a different person.

Musician Jimi Hendrix performed at Woodstock Music Festival in the 1960s and was one of those famous celebrities who died suddenly at age 27. Hendrix left behind royalties that made family members and record companies start several tries. An attorney was in charge of his estate for 20 years until Hendrix’s father filed a suit for control in 1990. After five years, he won. But after Al Hendrix died, another battle ensued, this time between Al’s adoptive daughter and Jimi’s brother. The latter lost due to drug addiction problems.

Actor Gary Coleman was the star of the 1970s show “Diffr’nt Strokes.” When Coleman died at 42, in 2010, he left behind 3 wills. The last one being handwritten and leaving everything to his wife at the time. However, they have divorced, so this strange legal battle resulted in Gary’s business partner, Gray taking the spoils.

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Probate Law Mobile App for Michigan Residents

Tue, 22 Mar 2022 19:09:00 GMT

The Probate Law Firm of Thav, Ryke & Associates in Michigan is proud to announce the launch of our mobile app. Why is it a good idea for you to download our new mobile app?

Here are some things that our mobile app can do for you:

It all starts with one tap. Download our mobile app today, available on The App Store and Google Play Store.

Remember, when a person dies, that person is called a decedent. A decedent leaves property behind. That property needs to be passed on to those who will inherit it. Our mobile app can help you because the property of the deceased could include:

Real estate (houses and other buildings, land and the things attached to it)

Personal property (furniture, cars, and other things not attached to land)

Bank accounts, Stocks and bonds, and Debts owed to the person

The law spells out how a person’s property must be distributed when that person dies. In Michigan, the probate courts are in charge of making sure a decedent’s estate is distributed correctly. This is called probate administration. The estate includes a lot of the decedent’s property. Some of the property is not part of the estate, and is not distributed through the probate court. The estate does not usually include:

Jointly owned property, Insurance policies, Retirement accounts, or Trusts that are not established by a will

Jointly Owned Property
Jointly owned property is property owned by more than one person. It is generally not included in an estate. Examples of jointly owned personal property are if you and the decedent are both listed on the title of a car or if you have joint bank accounts. When the decedent died, you automatically have full ownership of that property, so it is not part of the estate. You may want to take a copy of the decedent’s death certificate to the bank or Secretary of State office to remove the decedent’s name from the account or car title.

However, sometimes joint ownership is more complex. If you own real property with the decedent, or if you own any type of property with the decedent and someone else, ownership can be hard to understand after a death. Read the article Jointly Owned Property to learn more about this, or use the Guide to Legal Help to find a lawyer or legal services in your area.

Simplified Processes
There are different ways an estate can be administered. If the estate does not have much property in it, you may be able to use a simplified process where the probate court is not involved at all, or only a little bit. The simplified processes are:

Assignment of Property, Transfer by Affidavit, Collect money due from an employer, Transfer a vehicle, Collect personal property

In order to qualify for a simplified process, an estate must be valued at or below $25,000 for a decedent who died in 2022. This number goes up every few years. To learn more about the simplified processes, read the article An Overview of Small Estate Processes.

Administration in Probate Court
If a decedent’s estate has a lot of property, or the heirs want to follow the decedent’s will rather than the legal inheritance formula, the estate will usually be distributed using probate proceedings. Probate proceedings can be informal or formal. Formal proceedings have more steps than informal proceedings. If a dispute over the will or appointing a personal representative is likely, formal proceedings give more oversight and finality than informal ones. Formal proceedings are done in front of a probate court judge. You may want to talk to a lawyer if the administration of the estate might be contested.

Our mobile app can help you when the probate process seems challenging and difficult. Download the app today on Apple iOS or Android:

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Understanding the Britney Spears Conservatorship Controversy

Wed, 09 Mar 2022 00:15:00 GMT

Because of Britney Spears, we have become much more used to hearing the term “conservatorship.” But what exactly is a conservatorship and why is important that we are aware of it when working with a lawyer to prepare our estate plan for after our demise? Under U.S. law, a conservatorship is the appointment of a guardian or a protector by a judge to manage the financial affairs and/or daily life of another person due to old age or physical or mental limitations. A person under conservatorship is a “conservatee”, a term that can refer to an adult.

Many aspects of Britney Spears’ finances and personal life have been controlled by her father and others for the past 13 years under a form of legal guardianship called a conservatorship.

What is a conservatorship?

A conservatorship is granted by a court for individuals who are unable to make their own decisions, like those with dementia or other mental illnesses.

Spears’ conservatorship was split into two parts – one for her estate and financial affairs, the other for her as a person.

Jamie Spears was in charge of both parts but stepped down as his daughter’s personal conservator in 2019 citing health reasons, replaced by a court-appointed care professional.

Mr. Spears was suspended as conservator of her financial estate in September 2021, replaced by an accountant chosen by Britney and her lawyer.

In the years under the conservatorship, Spears released three albums, held a successful Las Vegas residency, and made numerous television appearances, including a stint as a judge on the US X Factor.

What does the conservatorship control?

The conservatorship has power over her finances and career decisions plus major personal matters such as her visits with her teenage sons and whether she can get remarried.

She told a court in June: “I want to be able to get married and have a baby. I was told right now in the conservatorship I am not able to get married and have a baby.” The conservators wouldn’t let her have her birth control removed, she claimed.

She also said she was forced to go on tour, made to take the medication she didn’t want, and go into rehab.

Court records obtained by The New York Times showed that its reach even extended to the color of her kitchen cabinets.

A documentary made by the newspaper also alleged that the singer’s phone and bedroom had been bugged by security staff working for her father.

More than 20 years later, her debut album of the same name remains the best-selling album by a teenage solo artist.

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Do You Know the Questions to Ask?

Mon, 21 Feb 2022 15:52:00 GMT

Here are some recommended questions to ask us. And don’t worry, because if you don’t ask us, we’ll still provide the answers to all of these questions when it comes to trusts.

What Property Can Go in a Living Trust?

Who Should Be My Trustee?

Does a Living Trust Avoid Estate and Probate Taxes?

What Are the Benefits of a Living Trust?

What are the Drawbacks of a Living Trust?

Do I Still Need a Power of Attorney?

What is the difference between a Living Trust vs. Will?

How Do I Create a Living Trust?

Should I Also Have a Will?

Living trusts provide a lot of flexibility and privacy and can be an important part of your estate plan. Considering all the options available to you can help you make the best choice.

Contact the Michigan Probate Attorneys, Jamie Ryke and Andrew Thav, about your estate planning and probate needs.

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Codicil Explained

Sun, 06 Feb 2022 15:59:00 GMT

What is a codicil?

The definition is “an addition or supplement that explains, modifies, or revokes a will or part of one.” It’s imperative that you understand what a codicil is so you’re informed about how a will can be revoked or changed.

A codicil will either clarify, change, or cancel certain provisions of an existing document, and codicils are important if you experience significant life events such as birth, death, marriage, divorce, or relocating out of state, or if you have any other reason to amend part or all of your Will.

How a Codicil Can Benefit You
There are a number of circumstances that can precipitate the need for a codicil to a will. Perhaps you’ve reached a new milestone (like marriage or the birth of a child or grandchildren) and you want your existing Will to reflect those changes. Maybe you’ve acquired additional properties or assets you know you want to leave behind for your beneficiaries. Whatever your motivation is, here are several things you can do with a codicil:

Change your executor. If the executor you named in your original Will passes away or you feel they are no longer fit to manage your affairs, you can name someone else using a codicil. You can also add a co-executor if you feel so inclined.

Update beneficiaries. Add new (or change existing) beneficiaries to your Will with a codicil. You can also name new contingent beneficiaries.

Make note of new familial or financial circumstances. In instances where the guardian(s) you named for your children pass away or become unfit, you can use a codicil to update your guardianship wishes. You can also create a codicil to protect your beneficiaries if there are significant tax consequences not covered by your Will.

Revise end-of-life wishes. If you or anyone covered in your Will wants to modify their funeral or burial arrangements for any reason, a codicil can ratify those wishes.

Codicil to Will: Other Common Questions
As we covered above, there are a number of events that can make someone feel the need to update his or her Will. A Will, after all, is meant to be the outline for how you want your legacy to look after you pass away. Therefore, you should be able to change it as you mature and your perspectives, family, and financial circumstances evolve.

How do I Create a Codicil?
Creating a codicil to a Will is as simple as putting your updated wishes in writing. Do so by first reading through your current Will and making note of the changes you want to be made or the mistakes you want to be fixed.

After this, write the opening statement of your codicil and be sure to include your name, address, a declaration that you’re of sound mind, and the date in which you are putting into effect the codicil.

Next, identify the specific article number in your Will that you want to be amended or removed. Conclude by acknowledging that your codicil should overrule anything stated in your original Will but that everything else in your Will not affected by the codicil remains intact and affirmed.

Keep in mind that in order to execute your codicil, you must sign it in the presence of at least two unbiased witnesses (i.e., anyone who is not mentioned in your Will.) Lastly, be sure to store your updated Will in a safe space like a legacy drawer.

Should I Add a Codicil or Make a New Will?
It ultimately depends on a person’s individual goals and preferences when determining whether to create a codicil to Will or an entirely new Will. Codicils originated long ago when Wills was primarily written by hand. So instead of having to re-write the entirety of a person’s Will in order to make a few changes, one could just add a codicil. With today’s advances in technology, creating a new Will and adding a codicil are relatively similar — especially since both require a signature in front of witnesses.

We’ll put it this way: If you’re making massive changes to your existing Will or you’ve misplaced or damaged your existing Will, it’s probably best to create a brand new one. If you want to simply clarify a portion of your Will or you want to make a minor change or addition, a codicil is an appropriate option.

Can I Have Multiple Codicils?
There is no legal limit to the number of codicils a person can have in his or her Will. However, the legitimacy of a Will may be called into question if it contains years upon years of unclear modifications and deletions.

Your Will should be as clear as possible so that a probate court judge deems it a valid representation of your final wishes. If a judge decides that your Will is overly confusing and therefore partially (or sometimes even entirely) invalid, it becomes the same as dying without a Will. This could lead to your estate being distributed in a way you didn’t intend.

Does a Codicil Have to be Notarized?
In short, no — a codicil to a Will does not have to be notarized. However, laws and requirements vary from state to state. A codicil does have to be signed in front of at least two witnesses who are not listed as beneficiaries, guardians, or executors in your Will.

In some states, you can attach what’s called a Self-Proving Affidavit to your codicil. This is a document that is signed by you and at least two witnesses under oath before a public notary. Having this affidavit can speed up the probate process as it waives the requirement of having your witnesses appear in court to recognize the implementation of your codicil.

This is why it’s important to revisit your Will—done much easier with the help of an attorney from Thav, Ryke & Associates!

Thav, Ryke & Associates will treat you like family in your time of need! For any questions or concerns, please contact us at 800-728-3363.

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Estate Planning in Michigan

Sat, 29 Jan 2022 17:16:00 GMT

What is Estate Planning?

Contact the Michigan Probate Attorneys now for a consultation. We are accepting new clients.

Here are some things that Attorneys Ryke and Thav will help you deal with when estate planning:

The most basic estate planning methods include:

-Will Based Planning
-Joint Property & Beneficiary Designations
-Trust-Based Planning
-Powers of Attorney
-Do Nothing

Will Based Planning

Michigan Probate Attorneys has offices in Southfield and Grand Rapids, Michigan. Contact us now.

Joint Ownership & Beneficiary Designations

Because the use of Joint Ownership can sometimes avoid probate, people often use it as an estate-planning method. Unfortunately, many times this does more harm than good.

Trust-Based Planning

A Living Trust is a document that enables you to:

-Avoiding Lifetime Probate
-Avoiding Death Probate
-Minimizing or even eliminating federal estate taxes
-Maximizing Medicaid Planning opportunities

Powers of Attorney
Every estate plan should also include a Financial Power of Attorney, a Medical Power of Attorney, and a HIPAA Authorization.

A Financial Power of Attorney (or Durable Power of Attorney) is a document in which you empower someone to handle your financial affairs during your lifetime.

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What’s the Difference Between a Will and a Trust?

Sat, 08 Jan 2022 19:53:00 GMT

There are a lot of terms that get thrown around a lot when it comes to probate law. It can be difficult to know the difference between some of them. For example, most people know there’s a difference between a will and a trust, but they can’t always articulate exactly what those differences are. In this blog post, the probate attorneys at Thav, Ryke & Associates in Michigan will explain some of the differences between a will and a trust. If you still have questions, you can always feel free to reach out to any of our probate lawyers here at our firm.

The main difference between these two documents is that a Living Trust doesn’t need to go through probate to be executed. Probate is the legal process in which a court determines the validity of a Last Will. If someone dies intestate, which means without leaving a Last Will, then their estate still undergoes the process of probate. In this case, the court appoints a representative to act as the executor and divvies up the estate in accordance with state law.

One of the main advantages of having a Revocable Living Trust is that it skips the probate process because of the document’s nature as a private contract. Avoiding probate cuts down the time and expenses that come with distributing your assets to your beneficiaries in a Last Will.

People typically use trusts to protect assets with high monetary value. These assets might include real estate, business interests, stocks, bonds, or valuable personal property like antiques and jewelry. It’s uncommon to put lower-valued property or property that requires insurance (like a car) into living trusts. On the other hand, people can include all of their property and assets in their Last Will, regardless of value.

Both the Revocable Living Trust and a Last Will and Testament provide instructions for distributing assets upon death. However, these two documents differ in the way they are created and the way they are executed. A Revocable Living Trust is a legal document that a grantor (the owner of an estate) creates to transfer wealth or protect assets. At any point in their life, the grantor can revoke or amend their Living Trust. With a Living Trust, the grantor appoints a trustee to control and manage their assets. A trustee is a person, or a group of people, who holds title to property or assets for the benefit of the beneficiary. A trustee carries out the instructions for inheritance and distribution in accordance with the grantor’s last wishes.

Many people create living trusts and name themselves and their spouse as trustees. This way, you’ll have complete control over your trusted assets and property during your life. This is also true with a Last Will. You will control your property until you die. Some people also name successor trustees who step in if something happens to the primary trustee. For instance, the primary trustee may become incapacitated or unwilling or unable to act. Having a successor is a good idea if you don’t have someone to be a co-trustee.

A Last Will and Testament describes how to distribute your assets to specific people or institutions (like charities) after your death. The testator can revoke or amend this document at any time in their life. In a Last Will, the testator names beneficiaries for their assets and an executor to carry out their last wishes. You can name a relative or a non-relative, like your banker, as your executor.

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Family Disputes Happen

Tue, 21 Dec 2021 17:38:00 GMT

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New Year’s Resolution – Start Planning Your Estate

Sat, 04 Dec 2021 00:06:00 GMT

With the new year of 2022 beginning in less than a month, you’re likely considering your New Year’s resolutions for the coming year. While many of these new year’s resolutions only last for a few weeks or a month, like that fad diet or new fitness regimen), there is one resolution that will benefit not only you for years (or decades) to come, but it will also benefit your heirs.

Estate Planning is something you can do in the coming year and feel confident that you’re planning ahead for the next generation. Michigan probate attorneys at the Thav, Ryke & Associates Law Firm are all probate experts, who know Michigan’s intricate probate laws and how to best navigate the tricky area of estate planning. Conveniently located in Southfield (Metro Detroit), Michigan, these attorneys explain everything you need to know about estate planning and probate law to you. They are also available at every step of the estate planning journey.

Our attorneys will help you in the following areas, but this is list is far from exhaustive:

Call Michigan’s most trusted estate planning experts at the Thav, Ryke & Associates Law Firm today to get started on the most important New Year’s Resolution for 2022.

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HBO’s Success and Family Squabbles Over Money

Wed, 01 Dec 2021 03:50:00 GMT

Nothing is more important than family. You’ve heard this ethic repeated over and over. And if you watch the TV series “Succession” on HBO, you know that this is certainly an important family. However, with sick, elderly parents come questions not only about succession in family businesses but also questions about inheritance.

Regardless of how important the ethic of family may be among your relatives, there still remains the possibility of squabbling once a last will is read. Usually, these disputes are among brothers and sisters. And it doesn’t matter how strong these relationships were before the parent died.

Sibling disputes often erupt after a parent dies, and it’s time to divide up the assets of an estate, and these fights can result in lengthy and expensive legal actions. However, some proper forethought from parents can avoid such disputes, or they can be addressed by siblings who employ savvy strategies after a parent or both parents die. Consider the following to prevent or resolve conflict.

Estate-Planning Steps for Parents
Planning before death can address many of the issues that arise after a parent dies. Perhaps the most important action a parent can take is to have a will that specifies which sibling receives what in terms of property. Who inherits the house? A business? A valuable painting? The answers can be spelled out in a will.

Also, a parent can give directions that the house is sold and the proceeds divided evenly. If a parent wants to leave one sibling out of the will, this is legally permissible. There is no rule on disinheriting a child.1 However, to avoid legal challenges by a disinherited sibling, a parent should consider discussing the matter with the child or explaining the reason in the will.

A very good practice is to use a trust to specify property dispositions after death. A parent can make a revocable trust that can be changed at any time up to death, assuming the parent remains competent. Putting property in the joint name of a parent and child so that the asset passes automatically to the child when the parent dies is another way to avoid conflict. This can be done, for example, for a bank account, brokerage account, or real estate. Using a non-sibling executor or trustee for the estate can also help keep the peace. A third party who does not stand to gain from any decisions regarding property distributions may be a good idea, particularly if a parent believes there could be sibling disputes after they die.

Disputes over a treasured but valueless picture can cause bad feelings within the family, and those bad feelings can persist for a long time. A wise parent who anticipates that siblings may quibble over the household or other minor items after they die can take specific steps to thwart any problems.

Parents may want to disburse certain items before they die so that a child can enjoy the items longer—this avoids claims to them after the parent dies. This gifting strategy assumes that the value of the items is below the annual gift tax exclusion. In 2021, the annual exclusion is $15,000 and in 2022 it goes up to $16,000. This means that tax filers can give away up to $15,000 or $16,000 per person without paying tax on those gifts. Items of greater value require that a gift tax return be filed and may entail gift taxes.

It may sound odd, but putting tags on certain essential items, such as a lithograph or first edition book, can be helpful. The label should name the sibling who will inherit the thing after the parent dies. While the tag does not create a legal requirement that the sibling receives the item, it is indicative of the parent’s intent and may go a long way in avoiding sibling spats.

Lastly, a letter of instruction can be written by the parent outlining who gets what. Again, the letter is not legally binding but serves as a roadmap to the parent’s wishes regarding their property.

To avoid a lot of the nastiness we see on TV shows like “Succession,” follow some of these simple principles before your children wind up fighting with each other after your death. Probate can be an ugly thing and if you can avoid it, it will save everyone a lot of stress, anxiety and anger.

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Approved Guardianship – Probate Success Stories

Fri, 05 Nov 2021 18:47:00 GMT

At Thav, Ryke & Associates, we love sharing probate success stories. Recently, one of clients was frustrated because she was not getting access to her husband’s hospital information and other health records. She came to our attorneys seeking a way to be able to have a legal right to this information.

Once she was appointed guardian for her husband, our client was finally able to obtain much-needed information that the hospital was otherwise unjustly withholding from her. Of course, this seems like a no-brainer because spouses should always have access to their significant other’s health and medical records. However, this is not always the case. The State of Michigan has Guardianship and Conservatorship laws in place, which were created by the Estates & Protected Individuals Code (EPIC) and Mental Health Code, in order to help protect people who cannot manage their personal affairs due to age, illness, or a disability.

Knowing what having a Guardian can do for you could allow you to receive the help you deserve.

We are grateful to our client for entrusting us with her case. If you are undergoing a similar situation, reach out to us and we’d be happy to help!

This was another successful case for Thav, Ryke & Associates. We pledge that we will treat you like family in your time of need!

For any questions or concerns, please contact us at 800-728-3363.

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Avoiding Family Squabbles in Probate Cases

Sat, 30 Oct 2021 15:41:00 GMT

When the attorneys at the Thav, Ryke & Associates Law Firm discuss the probate process and the steps involved with our clients, we like to point out how important it is to try to avoid conflict with relatives. There are often, in probate cases, many family members or loved ones involved. This can lead to disputes, debates, and acrimony. Our lawyers provide advice and services to each client and help them complete a probate after a family member or loved one has passed away. We use our expertise to counsel you through the process and make sure every step in the probate process is completed correctly and efficiently.

While there are some things that we do not have control over which could cause a probate case to be much more expensive than it normally would, we try to avoid such expenses by counseling our clients toward the easier path forward. The main thing that we do not have control over is family disputes as we cannot control whether family members choose to contest the probate decision.

These disputes are most often over money, property, and other assets that are part of the estate. We will help make sure estate planning documents are done correctly so that they can help you avoid almost all conflict with family members after you have passed away.

The basic estate planning documents that each person should have that will be applicable after you pass away is a last will and testament. In your will, you have the ability to do several things. First of all, you get to choose who will be your personal representative. It is always wisest to choose a personal representative that you believe will help avoid conflicts or be able to resolve conflicts if they arise. This may not be your oldest child, or it may not even be a family member at all. Rather, perhaps a close family friend would be the best person to choose because of their ability to help avoid conflict within your family.

In addition to choosing a legal representative, you also have the ability to decide to who your estate will be distributed. In your last will and testament, you get to name individuals who will receive specific items from you. You also have the ability to name individuals who will be heirs to the rest of your estate either by percentages or by specific dollar amounts. However, you decide to do it, you are the one who is in control. As a result, if there is any anger or ill feelings That come up, they will be directed to you rather than to other living family members.

If you do not have a last will and testament, then the laws of intestacy apply. In this instance, any of your family members can choose to petition the court to be your personal representative. As a result, your family may not agree about who it should be and they fight about who should be appointed. Additionally, if you do not have a last will and testament your estate will be distributed based on the statutes. In this way, you have no control over who will receive your specific money and property and other assets. This also could lead to a family fight.

We will also make sure that there exists good and healthy communication between family members. Specifically, whoever is appointed as a personal representative should work to keep communication open with all other family members about the steps that are being completed in the probate process. By keeping communication open, there is less room for misunderstandings, or for hard feelings.

Contact one of the probate experts at the Thav, Ryke & Associates Law Firm to help you navigate the complicated world of probate law. With some expert assistance to ensure good communication, proper documentation and respect with relatives, we help you make the process anxiety-free and without the conflict that is so common.

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5 Questions to Ask If You’re the Executor of an Estate

Fri, 08 Oct 2021 13:21:00 GMT

When we saw the Wall Street Journal published an article this week called, “Five Questions to Ask if You Are Named Executor of an Estate,” we immediately knew that the article would be a list of the important matters we go over with our probate clients on a daily basis at the Thav, Ryke & Associates Law Firm in Michigan. Our probate attorneys presume that estate executors don’t usually know the right questions they should be asking a lawyer so we create a list of these critical probate issues to cover with our clients and their relatives.

It’s certainly not surprising that the opening sentence of the WSJ article begins with, “The first thing: Make sure you have all the professional help you need.” That’s obvious. Estate Executors can’t go it alone. There’s a reason why probate law is one of the most important legal categories. Our team is here for you. Being the executor of a relative’s estate will be a daunting task. If you try to go it alone, it will be even more time-consuming, overwhelming and anxiety-ridden. We are here to take the anxiety out of the equation and guide you along the path.

“Being an executor for the first time can be a daunting task, especially if family disputes arise. You’re in charge of settling a deceased relative’s estate. And, if you’re like many people, you have no idea what to do.”

When there are disputes, you’ll really need assistance. You can call or email your probate attorney at the Thav, Ryke & Associates Law Firm in Michigan at any time. We are on your side and we will counsel you through this entire probate process as the executor of the estate.

Below are the 5 questions the Wall Street Journal set out to answer, but at the Thav, Ryke & Associates Law Firm in Michigan, we know there are many more questions you will have (and many more questions you should be asking). Call us today!

1. Who is on the team?
One of the first steps usually is asking to be recognized as a personal representative of the estate by a local court that handles estate matters, commonly termed a probate court. Depending on the situation, this person might be called an executor, administrator or a trustee. The application needs to be accompanied by a copy of a will, if one exists, and a death certificate.

The representative then moves ahead with such tasks as notifying heirs, making an inventory of assets and notifying creditors, either by a newspaper ad or direct communication if they are known.

When estates comprise lots of kinds of investments and involve many heirs, it often helps to hire an attorney with estate-administration experience. Maybe the lawyer who drafted the will and other documents. That person already will be familiar with the estate and might have a rapport with family members, says Susan Wedelich, a lawyer and adviser at Westwood Wealth Management, Houston.

In many cases, professionals such as financial planners and accountants also can be helpful. A qualified appraiser, too, can be necessary when an estate includes items that need to be appraised for tax reporting, such as art, land or a business, says Christy Matzen, financial-planning director at New York-based Zoe Financial, a financial-advice platform. The Internal Revenue Service has certain rules for how assets are valued, including documenting the qualifications of the person doing the appraisals, she says.

2. Was a trust created?
An initial probate court filing might be unnecessary if the deceased, before death, created a trust to hold the assets for the benefit of heirs.

Trusts are arrangements for transferring assets from their owner to a legal parking place for eventual distribution to beneficiaries. Someone overseeing such a vehicle—called a trustee rather than an executor, although many of the responsibilities are the same—is charged with distributing the assets under the terms of the trust.

A trust can make it possible to avoid the requirements and delays of going through probate. But sometimes a trust won’t contain all the important assets in an estate, particularly if it has been a number of years since the trust first was created, says Charles Hart, an adviser in Plano, Texas, with Credent Wealth Management.

Transferring ownership of assets outside of the trust still might require going through probate court.

3. Are funds available to cover near-term costs?
It can take weeks for a court to officially appoint a personal representative. Meanwhile, bills related to the estate’s settlement can pile up, ranging from funeral expenses to professional fees. While the assets of a surviving spouse might provide a temporary solution in an emergency, the executor ultimately will need to use the estate’s money for expenses, says Joe Goetz, a partner at Georgia-based Elwood & Goetz and professor of financial planning at the University of Georgia.

If an accountant isn’t being used, Dr. Goetz usually suggests that the executor create two financial statements: a balance sheet of the estate’s assets and liabilities, and a separate list of expected sources of income and expenses, or a so-called cash-flow statement.

4. Are the estate’s assets suitable for the heirs?
A portfolio serving the needs of an older person can be very conservative, but that kind of portfolio might not be appropriate for younger heirs who typically need growth to meet projected needs in the far future. Moreover, trusts sometimes require that assets be distributed to younger heirs only after they have reached a certain age, such as 30.

In both situations, younger heirs stand to benefit more if their inheritance can be invested with potential growth in mind, in addition to capital preservation, while they wait to actually receive it.

There can be other considerations. The deceased might have left specific amounts to some beneficiaries—for example, to support a surviving elderly spouse or to meet a charitable obligation—and the remainder to others, says Elliot Dole, an adviser at Buckingham Strategic Wealth in St. Louis. Governing any actions, an executor or trustee needs to meet a high fiduciary standard and act in the best interests of all beneficiaries, adds Mr. Dole.

5. Are heirs on board with the timetable?
Because estate settlement often isn’t well understood by people who have never been through it, some heirs might wonder why it is taking so long to settle things and distribute the assets. The angst might be more intense if the deceased was helping some relatives meet living expenses.

To help smooth the process, an executor should think about meeting individually with heirs early on to assess their wants and needs, says Ms. Wedelich of Westwood Wealth Management. If demands are in conflict and heirs seem intractable, it might be worth hiring a professional mediator to help settle differences, because the family member serving as executor or trustee might not be viewed by other heirs as impartial.

Settlement of a trust could take a matter of months, but an estate going through probate court can easily take a year or more, professionals say. It might go more slowly if the estate contains assets that are less easy to sell, such as fine art, land or a business.

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Contesting a Will in Michigan

Wed, 29 Sep 2021 01:24:00 GMT

It’s a beautiful thing when families get along. It’s also beautiful when families are able to be civil and loving with each other after the death of the head of the family. Unfortunately, the reality is that in many instances there is familial strife following the death of a parent or grandparent. There are many hurt feelings when it comes to inheritance and the division of the estate. This leads to many wills being contested and family members treating each other poorly.

In the State of Michigan, when a Will or Trust is contested it can significantly hinder a relative’s final wishes and tear families apart. The probate attorneys at Thav, Ryke & Associates work with families to prevent a contest from arising, but if it does, we are here to help you resolve it fairly. Our goal is for equity and a reasonable outcome so families can go back to getting along — a virtue we hold dear.

In this blog post, the attorneys at Thav, Ryke & Associates will explain what probate is and also explain when a will or trust can be contested in Michigan.

Probate is the process by which estates get settled after someone dies. It’s a court process so it can be complicated, so it is important for anybody writing a will, for any beneficiary of a will and for anybody named as an executor of a will that it is handled properly. Using our knowledge of probate law, a probate lawyer can help the process of administering an estate after someone has died. They ensure that the instructions of the deceased are followed and their heirs receive any inheritance with minimum stress.

When Can a Michigan Will or Trust be Contested?
A contest to a Will or Trust is a type of lawsuit that files a legal objection regarding the validity of a Will or Trust. If the plaintiff can prove to the court that the Will or Trust in question is invalid, the court then “throws out” the Will or Trust, declaring it invalid. This action places the client’s family in the position of having no Will or Trust to direct distribution of assets.

In order for a Michigan Will or Trust to be contested, the party filing the objection must have a vested interest in the Will or Trust in question, and the burden of proving the Will or Trust is invalid rests upon them.

Persons Who May Contest a Michigan Will or Trust

The following people may have the standing to question the validity of a Will or Trust:

Disinherited or disadvantaged heirs at law. These are family members who would inherit something, or would inherit more, under applicable state law if the deceased person failed to make a valid Will or Trust.
Disinherited or disadvantaged beneficiaries. Beneficiaries named or given a larger bequest in a prior Will or Trust.

Grounds for Contesting a Michigan Will or Trust

The Will or Trust wasn’t signed as required by state law. In Michigan, the testator must sign, and two witnesses must also sign, each having witnessed the testator’s signature. In addition, a notary public must witness the signatures of the testator as well as both witnesses.
The person making the Will or Trust lacked the necessary capacity. The capacity to make a Will means that the person understands: Their assets,Their family relationships, The legal effect of signing a Will
The person creating the Will or Trust was unduly influenced into signing it. As clients age and become weaker both physically and mentally, others may exert influence over the client’s decisions, including how to plan their estate.
The Will or Trust was procured by fraud. A Will or Trust that’s signed by someone who thinks they’re signing some other type of document or a document with different provisions is one that’s procured by fraud.

How Can You Avoid a Michigan Will or Trust Contest?

When formulating a Trust or Will, clients should work to ensure that their final wishes will be fulfilled. If you are concerned about your Trust(s) or Will being contested, we recommend the following:

Avoid DIY Estate Planning – There are plenty of boxed or DVD Estate planning resources available. However, they cannot offer guidance on every situation, nor can they guide you through difficult Probate issues that may arise.
Advise Family about your Estate Plan – It isn’t necessary to release the intimate details of your Estate plan; but your family needs to know you have taken the time to create one
Use Discretionary Trusts for Beneficiaries – Instead of ignoring a potential beneficiary who may squander their inheritance or use it against your wishes, require their share to be held in a lifetime Discretionary Trust and name a neutral third party (a bank or trust company) as trustee. This will allow the client to control when the beneficiary will receive distributions and who will inherit anything that’s left when the beneficiary dies.
Keep your Estate Plan Updated – Estate planning is an ongoing process. As laws and your family, assets, and circumstances change, so should your Estate plan. Such vigilance will discourage challenges.

Family is important and we hope all relatives treat each other with respect and love. However, when your family is treating you poorly, our attorneys at Thav, Ryke & Associates will treat you like family! For any questions or concerns, please contact us at 800-728-3363.

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Why Is Chadwick Boseman’s Estate In Probate Court?

Thu, 09 Sep 2021 01:07:00 GMT

Whenever a celebrity dies, there’s a very good chance that complications about their estate will be in the news. In many situations that can mean that relatives of the celebrity are contesting their will. During the COVID pandemic, a very well-known celebrity passed away suddenly and the specifics about their estate are still in the news.

Chadwick Boseman, the Hollywood actor, was a star beloved by many. Boseman’s tragic death at only 43-years-old was a shock to his fans during the pandemic. Sadly, he battled colon cancer for nearly four years before eventually succumbing to it. Boseman performed as King T’Challa in “Black Panther” which truly made him a star. Even though Boseman knew he had cancer and wouldn’t live too much longer, he did not complete a Will or Trust. Many of his fans have questioned why – or how – he could have failed to do any estate planning given his prognosis. In his defense, it appears that only a small portion of his wealth ($939,000) is actually going through probate. “Probate” is the court process of transferring title to assets when someone dies. If that is true, Boseman in fact did take care of the majority of his assets – with or without any estate planning documents like a trust or will. Let’s break down Boseman’s estate and take a look at why only $939,000 is going through probate, and also what those assets could be.

So, firstly, Boseman’s estate was estimated at $12 million at the time of his death. Let’s assume this is accurate. This means that outside of the probate that was filed in Los Angeles County by his wife Simone Ledward, there are an additional $11 million in assets. Why would those assets be able to avoid probate?

Certainly, I cannot say for sure as I do not know exactly what Mr. Boseman had or did not have, but here are some reasonable conjectures about the (potential) nature of his assets:
Joint Bank or Brokerage Accounts: Any accounts that Boseman held jointly with his wife would not be subject to Probate. Why? Because “Joint Owners” take precedence over just about everything. When one joint owner dies, whoever is still alive now owns the asset in full. So – watch out when you add someone to your bank account – if you die, that money will belong to that person alone. Property held in Joint Tenancy: Any property Boseman may have owned could have been held in Joint Tenancy with his wife. As with bank accounts that have joint owners, Joint Tenancy means that if one person dies, the other person now owns the whole property.

Retirement Accounts: Boseman likely had at least one retirement account such as an IRA. IRAs and 401ks generally have a beneficiary listed or specify that the funds go to one’s spouse upon death. Perhaps Boseman had his wife listed as a beneficiary, or maybe even his parents. Beneficiary Accounts: Bank, brokerage and other types of accounts can also have a “pay on death” beneficiary listed. Like Joint owners of an account, beneficiary listings take priority over a Will or Trust, and also avoid probate. Life Insurance Policies: As with Retirement accounts, Life Insurance Policies generally have an individual listed as the beneficiary, so would not have to go through probate.

When one dies without a Will or Trust in California but his or her spouse is still living, generally at least a portion of their estate can be transferred through what is called a Spousal Property Petition. You still have to go to Court to transfer the asset(s), but it can generally be accomplished more quickly, and at significantly less expense than probate.
A probate may still be necessary for the portion of the estate that cannot be transferred via the Spousal Property Petition.

So potentially Boseman’s wife could have filed a Spousal Property Petition for her portion of his assets, and a separate probate for his parents’ portion. As we don’t have a lot of information about what the asset(s) being probated actually are, it’s hard to determine if this would have been a reasonable option. Now, let’s address what Boseman’s $939,000 in assets could be, and also how we (the public) will know exactly what is being probated from his estate. The $939,000 is likely to be money held in a bank or brokerage account held in Chadwick Boseman’s name alone. It could be property, but the Petition for Probate filed by his wife asked for “limited authority” versus “full authority,” meaning it is unlikely to be an asset that she needs full access to. Generally, full authority means the Administrator of the Estate can take actions to manage the asset without court approval, and also must be bonded to insure against theft. Limited Authority often means that funds will be held in a blocked bank account – hence no bond necessary – and all actions have to be approved by the Court.

Now, the last question here is – Why did Boseman’s wife need to file a Probate at all? If one dies with an asset or assets that are titled solely in one’s name, not in a trust, and with no beneficiary listed, those assets have to be transferred with authorization from the Court, and hence must go through the Probate. In Boseman’s situation, his heirs at law are his wife and his parents. The assets will be divided between them according to the wife’s community property interest, and the percentages outlined in the California probate code. If Boseman had done a Will, his assets would still have to go through probate. Only a Trust avoids probate in California. So what can the rest of us learn from Boseman’s situation? First, make sure you have a plan for each and every one of your assets. Think not only about who gets your assets if you die, but also who gets those assets if the person you’ve designated dies. Sometimes multiple beneficiary listings are sufficient, and other times you’ll need to create a trust.

While it appears that a limited portion of Chadwick Boseman’s estate is subject to probate, he could have saved his family the headache by putting those assets in a trust. A trust can generally be administered fairly quickly, avoids court, and saves costs. Probate, on the other hand, can take considerably more effort, time and money to complete – and it’s public. If one does have to go through Probate, I highly recommend hiring an experienced Probate attorney who can do the grunt work for you, and ensure that estate assets don’t get held up in Court for years on end. We wish Chadwick Boseman’s family all the best as they move forward to celebrate his life and memory, and I am sure we will all do our part to keep watching his movie and in doing so, contribute to his legacy.

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Expertise Counts for a Lot

Tue, 31 Aug 2021 21:26:00 GMT

Webster’s Dictionary defines “expertise” as a noun, meaning “expert skill or knowledge in a particular field.”

We’ve all heard the expression that expertise counts for something. Well, when it comes to preparing your last will and testament, expertise counts for a lot. There are many online websites that purport to help you create a will. They might advertise this service as quick and easy. They likely explain that you don’t need to hire a law firm for this service because their website has an app that will let you input your information and then a legally sound will gets spit out and it will hold up in probate court.

That all sounds great but is it actually true? Of course, it’s not. These websites are all well-meaning and try to eliminate the need for probate attorneys, but when it comes to ensuring your estate is protected after your death you’ll want to hire actual experts in the probate field. There are many intricacies that only a human being will be able to identify when it comes to planning your estate and writing your will. A lawyer with expertise in the probate field will always be your best bet.

The Probate Law Firm of Thav Ryke & Associates has been helping our clients avoid probate estate pitfalls for decades. We pledge to help you make the entire probate planning process easy, efficient and effective. Our law firm provides services and value to families by settling probate estates smoothly and efficiently with an eye on preserving assets for the beneficiaries instead of allowing them to be consumed by the probate process.

Let the expertise of our probate law firm work for you and you’ll feel secure knowing your estate is in order.

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Documents, Documents, Documents – Preparing Your Estate

Thu, 12 Aug 2021 17:59:00 GMT

“Documents” is a term you’ll hear a lot when discussing your estate. There are certain documents that are essential to have drawn up by a knowledgeable attorney so that you and your loved ones are protected and secure after your death. In this Michigan Probate Law blog post, we will look at 8 documents that we recommend having in your estate file. When planning your estate, these documents should be set up in a way that your “affairs” will be in order so you don’t leave your survivors facing a legal mess of any kind.

Some of the documents recommended below are likely documents that you’ve heard of before, like a last will and testament and revocable living trust. However, there are other documents you might not have been aware of, like a digital asset trust.

While there are services on the web to allow you to prepare all 8 of these documents on your own, we caution against this. Hiring a trusted attorney with probate law experience is a much safer and secure way to go. You’ll be in the trusted hands of an attorney who will provide legal counsel and ensure that all i’s are dotted and t’s are crossed when it comes to your estate.

1. Last will and testament

A will gives you the power to decide what is in the best interests of your children and pets after you’re gone. It also can help you determine what will happen to possessions with financial or sentimental value. It typically names an executor — someone who will be in charge of following your directions. Finally, you can include any funeral provisions.

Use your will to name guardians for those under your care, including minor children and pets. Designate any assets you are leaving for their care.

If you’re married, your spouse needs a separate will, AARP says.

2. Revocable living trust

A living trust is another tool for passing assets to heirs while avoiding potentially expensive and time-consuming probate court proceedings.

You name a trustee — perhaps a spouse, family member or attorney — to manage your property. Unlike a will, a trust can be used to distribute property now or after your death.

If you have substantial property or wealth, a trust can provide tax savings.

ElderLawAnswers further explains the differences between trusts and wills. Creating a trust is not usually a do-it-yourself project. Consider getting an attorney’s help.

3. Beneficiary designations

When you purchase life insurance or open a retirement plan or bank account, you’re often asked to name a beneficiary, which is the person you want to inherit the proceeds when you die. These designations are powerful, and they take precedence over instructions in a will.

Keep beneficiary designation papers with your estate planning documents. Review and update them as your life changes.

4. Durable power of attorney

A durable power of attorney allows you to choose someone to act on your behalf, financially and legally, in the event that you can’t make decisions.

Don’t put off this chore. You must be legally competent to assign this role to someone. Older people who are worried about relinquishing control sometimes put off the task until they are no longer legally competent to do it.

5. Health care power of attorney and living will

To ensure that someone can make medical decisions for you in the event you become incapacitated, establish a health care power of attorney — also called a durable health-care power of attorney. This is different from the previously mentioned durable power of attorney for financial and legal affairs.

A living will will let you explain in advance of your death what types of care you do and do not want, in case you can’t communicate that in the future. It’s strictly a place to spell out your health care preferences and has no relation to a conventional will or living trust, which deals with property.

“You can use your living will to say as much or as little as you wish about the kind of health care you want to receive,” says legal site Nolo in a detailed article.

6. Digital asset trust

You can use a digital asset trust to decide what to do with your electronic property, including your computer hard drive, digital photos, information stored in the cloud and online accounts such as Facebook, Yahoo, Google and Twitter. Create a separate list of your passwords.

“What Happens to Your Email and Social Media After You Die?” explains how to make these decisions.

7. Letter of intent

For instructions, requests and important personal or financial information that don’t belong in your will, write a letter. Use it to convey your wishes for things you hope will be done. For example, you may have detailed instructions about how you want your funeral or memorial service to be performed.

No attorney is needed. The letter won’t carry the legal weight of a will.

8. List of important documents

Make certain your family knows where to find everything you’ve prepared. Make a list of documents, including where each is stored. Include papers for:

Life insurance policies
Annuities
Pension or retirement accounts
Bank accounts
Divorce records
Birth and adoption certificates
Real estate deeds
Stocks, bonds and mutual funds

Another item helpful for your heirs is a list of bills and accounts, including contact information and account numbers for each, so your representative can settle and close these accounts.

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Thav, Ryke & Associates in the Media: Macomb Daily

Tue, 03 Aug 2021 13:57:00 GMT

Man a no-show in Macomb court in dispute over $4 million from estate’s trust fund

The Michigan Probate Law Firm of Thav, Ryke & Associates was mentioned in this article from the Macomb Daily about a case we have been working on:

A former Utica man failed to show up for a Macomb Probate Court hearing to account for how he spent millions of dollars of his now-deceased mother’s trust fund.

Fred Smith, 75, didn’t attend the hearing Friday in front of Judge Sandra Harrison. But his latest attorney, Steve Mogdis, showed up and said Smith is residing with his wife in Wyoming.

The case involving the estate of Shelby Steves Smith has been ongoing for years but became contentious in recent years due to Smith being unable to account for how he spent over $4 million in an estate trust fund while he controlled it from about 2005 to 2015.

Ron Smith’s attorney, Steve Malach, said, “Fred Smith will never account” for the funds.

“It’s never going to happen in this case,” he told the judge. “He’s playing the system. He playing you. He’s playing us all.”

His actions are under investigation by the Macomb County Sheriff’s Office.

Smith and his brother, Ron Smith, are the heirs to the estate, including the trust fund, which contains over $300,000 and generates over $20,000 in monthly revenue from a commercial rental property in Pennsylvania, according to George Heitmanis, who was the guardian and conservator of Steve Smith’s estate. Shelby Steves Smith died at 92 in April 2020.

At the hearing, Harrison did approve the transfer of $50,000 to Smith’s brother, Ron Smith, from the trust.

Also, Smith’s attorney was ordered to provide the titles to two Jaguars that are part of Shelby Steves Smith’s estate but were towed to Ron Smith’s house and have become the subject of nuisance concerns by township authorities, Malach said. The judge also ordered him to turn over two Triumph motorcycles.

Ron Smith resides with his wife and children in Shelby Steves Smith’s former home in Bruce Township. The trust pays the mortgage, and Ron Smith is provided about $4,000 per month from the trust.

Fred Smith’s son, Fred Winston Smith Jr., a Navy captain, in December 2019 made an impassioned plea in court for his father to provide the accounting.

Smith Jr. and other supporters of Fred Smith have noted he was the one who increased the value of his mother’s estate through various ventures while he was the trustee.

But about $4.7 million remains unaccounted for, and he has been ordered several times by Harrison to provide an accounting. Harrison jailed him for three months in 2019 and 2020 for contempt of court. Smith has retained five or six attorneys over the years, attorneys said.

Harrison has ruled Smith must repay that money to the state in addition to another $10 million or so, including interest, for what is known as treble damages.

Smith Sr., a Vietnam veteran, has denied wrongful spending, saying he has his own income to spend, $7,000 per month in Navy retirement, military disability and Social Security.

Harrison set the next hearing in the case for Sept. 13.

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What Should Be Included in a Will?

Tue, 27 Jul 2021 01:01:00 GMT

According to an AARP survey, 2 out of 5 Americans over the age of 45 don’t have a will. Writing a Will is one of those things that we know we need to do, but it’s very easy to procrastinate. If you do a Google search for the right age to write a will and make sure your estate is going to be passed on to the right heirs when you die, you’re likely to get many different answers. The reason is that no one can tell you the right age to write a will because no one knows how long we will live.

However, figuring out who inherits what is a good place to start. The law firm of Thav, Ryke and Associates specializes in all probate matters in the State of Michigan. We are a good place to start the will writing experience even though writing a will might not be the task you’re looking forward to taking care of. In fact, most people procrastinate writing a will for many years before finally contacting an attorney to handle matters.

The AARP has the following things to think about when preparing a will:

What happens if I die without a will?

If you die without a valid will, you’ll become what’s called intestate. That usually means your estate will be settled based on the laws of your state that outline who inherits what. Probate is the legal process of transferring the property of a deceased person to the rightful heirs.

Since no executor was named, a judge appoints an administrator to serve in that capacity. An administrator also will be named if a will is deemed to be invalid. All wills must meet certain standards such as being witnessed to be legally valid. Again, requirements vary from state to state.

An administrator will most likely be a stranger to you and your family, and he or she will be bound by the letter of the probate laws of your state. As such, an administrator may make decisions that wouldn’t necessarily agree with your wishes or those of your heirs.

Do I need an attorney to prepare my will?

No, you aren’t required to hire a lawyer to prepare your will, though an experienced lawyer can provide useful advice on estate planning strategies such as living trusts. But as long as your will meets the legal requirements of your state, it’s valid whether a lawyer drafted it or you wrote it yourself on the back of a napkin.

Do-it-yourself will kits are widely available. Conduct an Internet search for “online wills” or “estate planning software” to find options, or check bookstores and libraries for will-writing guides. Your state’s departments of aging also might be able to direct you to free or low-cost resources for estate planning.

And while you’re working on your will, you should think about preparing other essential estate planning documents. “When you create or update your will, that’s also a good time to think about other advance-planning tools like financial and health care powers of attorney to ensure that your wishes are carried out while you’re still alive,” says Naomi Karp of AARP’s Public Policy Institute.

Should my spouse and I have a joint will or separate wills?

Estate planners almost universally advise against joint wills, and some states don’t even recognize them. Odds are you and your spouse won’t die at the same time, and there’s probably property that’s not jointly held. That’s why separate wills make better sense, even though your will and your spouse’s will might end up looking remarkably similar.

In particular, separate wills allow for each spouse to address issues such as ex-spouses and children from previous relationships. Ditto for a property that was obtained during a previous marriage. Be very clear about who gets what. Probate laws generally favor the current spouse.

Who should act as a witness to a will?

Any person can act as a witness to your will, but you should select someone who isn’t a beneficiary. Otherwise, there’s the potential for a conflict of interest. The technical term is a disinterested witness. Some states require two or more witnesses. If a lawyer drafts your will, he or she shouldn’t serve as a witness.

Not all states require a will to be notarized, but some do. Check. You may also want to have your witnesses sign what’s called a self-proving affidavit in the presence of a notary. This affidavit can speed up the probate process because your witnesses likely won’t be called into court by a judge to validate their signatures and the authenticity of the will.

Who should I name as my executor?

You can name your spouse, an adult child, or another trusted friend or relative as your executor. If your affairs are complicated, it might make more sense to name an attorney or someone with legal and financial expertise. You can also name joint executors, such as your spouse or partner and your attorney.

One of the most important things your will can do is empower your executor to pay your bills and deal with debt collectors. Make sure the wording of your will allows for this, and also gives your executor leeway to take care of any related issues that aren’t specifically outlined in your will.

How do I leave specific items to specific heirs?

If you wish to leave certain personal property to certain heirs, indicate as much in your will. In addition, you can create a separate document called a letter of instruction that you should keep with your will.

A letter of instruction, which isn’t legally binding in some states, can be written more informally than a will and can go into detail about which items go to whom. You can also include specifics about any number of things that will help your executor settle your estate including account numbers, passwords and even burial instructions.

Another option is to leave everything to one trusted person who knows your wishes for distributing your personal items. This, of course, is risky because you’re relying on this person to honor your intentions without fail. Consider carefully.

Where should I keep my will?

A probate court usually requires your original will before it can process your estate, so it’s important to keep the document safe yet accessible. If you put the will in a bank safe deposit box that only you can get into, your family might need to seek a court order to gain access. A waterproof and fireproof safe in your house is a good alternative.

Your attorney or someone you trust should keep signed copies in case the original is destroyed. Signed copies can be used to establish your intentions. However, the absence of an original will can complicate matters, and without it there’s no guarantee that your estate will be settled as you’d hoped.

How often does a will need to be updated?

It’s possible that your will may never need to be updated — or you may choose to update it regularly. The decision is yours. Remember, the only version of your will that matters is the most current valid one in existence at the time of your death.

With that in mind, you may want to revisit your will at times of major life changes. Think of pivotal moments such as marriage, divorce, the birth of a child, the death of a beneficiary or executor, a significant purchase or inheritance, and so on. Your kids probably won’t need guardians named in a will after they’re adults, for example, but you might still need to name guardians for disabled dependents. A rule of thumb: Review your will every two or three years to be safe.

Who has the right to contest my will?

Contesting a will refers to challenging the legal validity of all or part of the document. A beneficiary who feels slighted by the terms of a will might choose to contest it. Depending on which state you live in, so too might a spouse, ex-spouse or child who believes your stated wishes go against local probate laws.

A will can be contested for any number of other reasons: it wasn’t properly witnessed; you weren’t competent when you signed it; or it’s the result of coercion or fraud. It’s usually up to a probate judge to settle the dispute. The key to successfully contesting a will is finding legitimate legal fault with it. A clearly drafted and validly executed will is the best defense.

Source: https://www.aarp.org/money/estate-planning/info-09-2010/ten_things_you_should_know_about_writing_a_will.html

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Probate Attorneys – What to Ask at the First Meeting

Mon, 12 Jul 2021 14:59:00 GMT

Michigan Probate Attorneys Andrew Thav and Jamie Ryke are asked thousands of very good questions regarding estate planning and living trusts each year. Part of our job as probate lawyers is to give you the best advice possible. We found this article to be very helpful because it gives our estate planning clients some helpful guidance when it comes to asking the right questions about living trusts.

Contact the Michigan Probate Attorneys now for a consultation. We are accepting new clients.

What Property Can Go in a Living Trust?

Who Should Be My Trustee?

Does a Living Trust Avoid Estate and Probate Taxes?

What Are the Benefits of a Living Trust?

Michigan Probate Attorneys has offices in Southfield and Grand Rapids, Michigan. Contact us now.

What are the Drawbacks of a Living Trust?

Do I Still Need a Power of Attorney?

What is the difference between a Living Trust vs. Will?

How Do I Create a Living Trust?

Should I Also Have a Will?

Living trusts provide a lot of flexibility and privacy and can be an important part of your estate plan. Considering all the options available to you can help you make the best choice.

Contact the Michigan Probate Attorneys, Jamie Ryke and Andrew Thav, about your estate planning and probate needs.

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Why Should Young People Write a Last Will and Testament

Mon, 12 Jul 2021 14:22:00 GMT

The biggest mistake humans make is thinking they will live forever. Even though we all understand we are mortal beings, it’s difficult to plan for a future when we think we’ll live a long, long time. However, estate planning is something that should really take place at a young age so that everything is in place in case something tragic happens to you and/or your spouse.

Some people might think there’s no reason to have a will. Well, you want to protect your family from wasting time and money, don’t you? If you die without a will, your family will have to take your “estate” (whatever money and possessions you have at the time of your death) through a long court process known as probate. If you had life insurance, for example, your family would not be able to access those funds until the probate process was complete. A couple of basic estate planning documents can keep your estate out of the probate court and get your assets into the hands of your chosen beneficiaries much more quickly.

Some people think there’s no reason for a will or estate planning because they don’t have much money. This is not true. Young people, no matter how big or small their estate is, should complete a last will and testament with a trusted probate attorney who specializes in probate law. Last wills actually have very little to do with money.

Let’s say you received an inheritance. You may not think of the inheritance as your asset, especially if it is held in trust for you. But, without an estate plan, the disposition of that money will be a slow and complicated process for your surviving family members.

You care about what happens to you if you are in a coma or persistent vegetative state. We all see the stories on the news – ugly fights within families over the prostrate bodies of critically ill children or siblings or spouses. When you write your will, write a health care directive (also called a living will) and financial power of attorney as well. This is especially important if you have a life partner to whom you are not married so they can make decisions on your behalf.

There are so many reasons why estate planning is something young people should take on. At the Thav, Ryke & Associates Law Firm, our attorneys are all probate law specialists. We are here to help you so don’t hesitate calling us to start your estate planning — no matter how young you are.

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We Have Probate Law Offices in Southfield and Grand Rapids, Michigan

Fri, 18 Jun 2021 15:42:00 GMT

How do you know if you require Estate Planning?

Veteran Michigan lawyers Jamie Ryke and Andrew Thav are probate law experts. With offices in both Southfield (Metro Detroit), Michigan and Grand Rapids, Michigan, Attorneys Thav and Ryke help their clients understand estate planning and probate law.

If you are asking if you require Estate Planning, the answer is that you likely do. Estate Planning is the development of a plan for managing your assets and affairs during your lifetime, in case of incapacity, and upon your death. Your estate contains all assets you own, including real property, business interests, investments, retirement benefits, insurance and personal property.

Many individuals only focus on planning for someone’s death and neglect dealing with lifetime incapacity issues. However, those issues can be more traumatic than what happens to someone’s estate when they die.

Call Attorneys Thav and Ryke at the Michigan Probate Attorneys now for a consultation.

Here are some things that Attorneys Ryke and Thav will help you deal with when estate planning:

The most basic estate planning methods include:

-Will Based Planning
-Joint Property & Beneficiary Designations
-Trust-Based Planning
-Powers of Attorney
-Do Nothing

Will Based Planning

Michigan Probate Attorneys has offices in Southfield and Grand Rapids, Michigan. Contact us now.

Joint Ownership & Beneficiary Designations

Because the use of Joint Ownership can sometimes avoid probate, people often use it as an estate-planning method. Unfortunately, many times this does more harm than good.

We are accepting new clients.

Trust-Based Planning

A Living Trust is a document that enables you to:

-Avoiding Lifetime Probate
-Avoiding Death Probate
-Minimizing or even eliminate federal estate taxes
-Maximizing Medicaid Planning opportunities

Powers of Attorney
Every estate plan should also include a Financial Power of Attorney, a Medical Power of Attorney, and a HIPAA Authorization.

A Financial Power of Attorney (or Durable Power of Attorney) is a document in which you empower someone to handle your financial affairs during your lifetime.

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Learning Probate Lessons from Celebrities

Mon, 03 May 2021 13:58:00 GMT

Celebs are always in the news and just seeing their names makes us want to learn what they’re up to. Celebrity gossip magazines like Us Weekly offer a popular section called “Celebs: They’re Just Like Us.” Of course, celebrities aren’t just like normal people. If they were, we wouldn’t pay so much attention to them after all. However, when it comes to learning lessons about estates, wills, and probate law, we can actually learn quite a bit from famous people and their probate mistakes.

Some of the world’s wealthiest and most famous people have died with no will or trust. These probate mistakes tied up their fortunes and caused their survivors to spend a lot of unnecessary money and time in court. Let’s take a look at some of the world’s most famous celebrities who errored big time when it came to ensuring their estate was secure after their death. In all of these cases, the famous celeb made probate matters very difficult for their heirs following their demise.

ARETHA FRANKLIN

Aretha Franklin, the Queen of Soul, died of pancreatic cancer at age 76 on Aug. 16, 2018, without a will filed with any of her attorneys. As a result, her estate was expected to be split evenly among her four sons, and they agreed to install their cousin — Franklin’s niece and confidante, Sabrina Owens — as the estate’s executor. Then, in May 2019, Owens and longtime Franklin attorney David Bennett revealed that two handwritten documents were found in her Birmingham home — one from 2014 in a spiral notebook under her sofa cushions, the other from 2010 in a locked cabinet — that outline how Franklin wanted her estate divvied up and whom she wanted managing it. Millions of dollars were at stake. Franklin’s estate was estimated to be worth $17 million as of last summer, although Bennett says she owed $8 million in taxes at the time of her death. As is often the case with music icons, Franklin’s earning power increased exponentially upon her passing, but that all depends on how smartly her recordings and likeness are handled.

Probate lesson to learn: Your trustee and executor may have to make tough decisions. Consider naming executors and trustees who have no financial interest in your estate to reduce the risk of favoritism. Also, consider having only a single trustee and executor rather than a committee.

JIMI HENDRIX
Passing away tragically at age 27, rock guitarist Jimi Hendrix left behind no will when he died. What he did leave behind was a long line of relatives, music industry bigwigs, and business associates who had an interest in what would become of his estate – both what he left behind, and what his intellectual property would continue to earn. An attorney managed the estate for the first two decades after Jimi’s death, after which Jimi’s father Al Hendrix successfully sued for control of the estate. But when Al attempted to leave the entire estate to his adopted daughter upon his passing, Jimi’s brother, Leon Hendrix, sued, launching a messy probate battle that left no clear winners.

Probate lesson to learn: When you don’t leave a will or trust, the effects can last for generations. An experienced estate planning attorney can help put your wishes in writing so they are carried out after your death rather than opening a door to costly conflict.

PRINCE
The court battle currently in development over the music artist Prince’s estate is a celebrity probate disaster in action. When the 80’s pop icon died in early 2016, he left no will, reportedly due to some previous legal battles that left him with a distrust of legal professionals in general. The lines are already being drawn for what will likely be a costly and lengthy court battle among Prince’s heirs. Sadly, there’s even a battle looming about determining, for certain, who his heirs actually are.

Lesson learned: Correct legal documentation protects your legacy. Don’t let a general distrust or a bad experience cause your heirs to fight and potentially lose their inheritance.

The probate attorneys at Thav, Ryke & Associates are here to help you protect your family and your estate. Call us today to ensure that you have your financial matters set up correctly and your heirs won’t wind up in probate court.

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Why You Need a Probate Lawyer in Michigan

Tue, 27 Apr 2021 19:26:00 GMT

The Holmes-Rahe Stress Inventory rates various life events for stress. Not surprisingly the death of a spouse is the top item and the death of a close family is in the top five too. It’s not surprising then that it’s at a time like this that executors and families turn to professionals to help them.

The legal issues around death can be complex. A probate lawyer can help you with your will and with settling an estate. Read on to learn 5 reasons you need to hire a probate lawyer.

What is Probate and what does a Probate Lawyer Do?
Probate is the process by which estates get settled after someone dies. It’s a court process so it can be complicated and involve legal terminology. It’s important for anybody writing a will, for any beneficiary of a will and for anybody named as an executor of a will that it is handled properly.

Using their knowledge of probate law, a probate lawyer can help the process of administering an estate after someone has died. They ensure that the instructions of the deceased are followed and their heirs receive any inheritance with minimum stress.

1. Drafting a Will
There are DIY will writing options available on the market but there are consequences for your heirs if you get it wrong. Not only can your poorly drafted will be contested but it can also cause stress and conflict for your heirs. The best way of ensuring that your wishes are followed on your death is to have your will drafted by a probate lawyer.

2. Protect the Estate
A probate lawyer can help ensure that the wishes of the deceased and the interests of their descendants are protected. Legal claims are sometimes made after death. These claims against the estate are difficult to resist without legal training and experience.

Hiring a probate lawyer to handle claims against the estate helps reduce the anxiety descendants feel when having to deal with an unfamiliar process at what may be a difficult time.

3. Speed Up Probate
The probate process can be complex and depending on the details of the will it may not run smoothly. A probate attorney can assist an untrained executor to negotiate the legal process. They can help resolve the many financial and legal matters that arise with a minimum of fuss and delay.

4. Support Executors and Heirs
As an executor, you are likely to have many questions about how to fulfill your responsibilities. As an heir, you may have questions about the probate process and what to expect. A probate lawyer helps reduce confusion and doubt about these legal matters.

A probate lawyer can help executors with court filings, debt settlement, appraising assets and releasing inheritance. The role of executor is fraught with potential pitfalls that leave the executor open to personal legal risks. Some professional help may be a relief.

5. Reduce Family Conflict
Death can result in a range of emotional reactions. There is grief but it can also be a time of tension between family members and other heirs. Disputes about the estate based on differing expectations do occur.

A probate lawyer may reduce these tensions more effectively than people more closely involved. The professional detachment of a lawyer and understanding of the probate process can calm things down.

Get Help
You are not required to have an estate attorney. A probate lawyer can make life easier after death. This article is not legal advice but you may want the assistance of a professional at a difficult time.

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Update on Probate Courts in Michigan During the Covid Pandemic

Wed, 24 Mar 2021 00:30:00 GMT

It’s now been a full year since Michigan courts closed due to the beginning of the COVID pandemic in March 2020. It is now March 2021 and we have learned how to live with the ongoing Coronavirus COVID-19 pandemic. Michigan’s Probate Court System has been fully operational thanks to the power of the Internet and technology like Zoom. We’ve all, by now, seen some of the lighter moments of courts holding hearings using Zoom during the pandemic like the lawyer who was stuck using a cat filter and had to tell the judge, “I’m not a cat.”

As COVID-19 continues to impact people in Michigan in a myriad of ways, the probate attorneys at Thav Ryke and Associates are here to help you navigate the probate court system of Michigan. COVID-19 will likely continue to affect your court case even though millions of Americans have been getting the COVID-19 vaccine (either the Moderna, Pfizer or Johnson & Johnson). Probate court staff and lawyers are still working, but they are limiting public access to their courts and offices.

We hope this information about Michigan Courts and the Coronavirus Pandemic will be helpful to you.

Is My Court Open? Will My Hearing be Held?

The court has issued several emergency orders telling courts how to best serve the public during the COVID-19 state of emergency. These orders say that courts should:

Practice social distancing;
Limit access to courtrooms and other spaces to 10 or fewer people (including staff);
Allow people to file things by e-mail, fax, mail, e-Filing, or in person;
Allow people to file fee waiver requests without coming to court — either through e-mail, e-Filing, fax, or mail;
To send notices and other papers to parties by e-mail, e-Filing, or fax whenever possible;
To hold hearings remotely whenever they can using Zoom, other videoconferencing options, or by telephone unless another state or federal order prohibits it (like some evictions or foreclosures); and
If parties reach an agreement and the court can accept the agreement without holding a hearing, those agreements can be filed and entered with the court for no extra fee.

If you have a scheduled hearing and you think it might be considered essential or held remotely, contact the court to find out what to do . If you have a hearing scheduled and you are ready and able to attend by phone or videoconference, reach out to your court and let them know. Go to the Michigan One Court of Justice website or Courts & Agencies on Michigan Legal Help to get contact information for the court you are supposed to visit. It is also important to check your mail, e-mail, and voice-mail to see if a court has been trying to reach you to tell you how to participate in an upcoming hearing. If you have a virtual hearing scheduled, read What to Expect at a Virtual Hearing or review guidelines from the Supreme Court .

For other information from the Michigan Courts about COVID-19, visit the Michigan One Court of Justice website . For information about how the State of Michigan is responding to COVID-19, visit the State of Michigan’s COVID-19 page . Another source for reliable information about COVID-19 is the Center for Disease Control and Prevention COVID-19 information page .

How will this impact my case?

In addition to giving courts instructions on how to operate during the COVID-19 state of emergency, the Supreme Court has given guidance to parties as well. You should:

Participate in hearings remotely (by Zoom, phone, or other conference option) if you can – read What to Expect at a Virtual Hearing ;
Check your e-mail, mail, and voice-mail regularly in case the court is trying to tell you how to participate in a hearing;
Send court papers to other parties by e-mail, fax, or e-Filing if possible, since not everyone is able to receive their mail; and
File papers with the court using e-mail, fax, e-Filing, or mail whenever possible.

To learn more about different ways in which COVID-19 might affect a specific legal issue, go to the COVID-19 resource page on Michigan Legal Help .

If you need to contact your lawyer, call instead of visiting in person. If you have a new case and need a lawyer, call or use online intake instead of going to the office in person. Most legal aid offices are closed to the public, but staff there are still working to help their clients. Use the Guide to Legal Help to find a lawyer or legal aid office near you. If you could be eligible for free legal services, the Guide will give you a phone number and, if available, the link to do an online intake.

Michigan Legal Help will continue to be an online resource for legal information related to COVID-19. We will be sharing statewide updates as often as we can at michiganlegalhelp.org/coronavirus .

Extended Deadlines

Michigan court rules have deadlines for filing certain types of cases and documents. There are some deadlines for filing a new case (such as a personal injury lawsuit). There are other deadlines for responding to papers filed by the other party in a case (such as answers and responses to complaints or motions). There are also deadlines for serving a summons and complaint in a new case. These deadlines are impacted by the state of emergency declared by Governor Whitmer on March 10th. Days during this state of emergency do not count toward deadlines. All days after and including March 10th don’t count toward normal deadlines. When Governor Whitmer lifts the state of emergency, the days start counting again.

For example, if you were personally served with a Complaint for Divorce on March 1, your normal deadline for filing an answer is 21 days later. But, nine days later, Governor Whitmer declared a state of emergency. Your new deadline for filing an answer is 12 days after the state of emergency is lifted by the Governor (9 + 12 = 21). The state of emergency puts a pause on court deadlines.

You can still file a new case if you want. Contact your court and ask how they are accepting filings (in person, by mail, e-mail, e-Filing, or fax). Judges can also give and enforce deadlines in individual cases which need to be handled quickly.

Other Closures

Immigration Court

The Executive Office for Immigration Review (EOIR) postponed all non-detained cases in Immigration Courts nationwide through April 10th. For more information about how Immigration Courts are responding to COVID-19, visit the EOIR COVID-19 page .

U.S. Citizenship and Immigration Services

All U.S. Citizenship and Immigration Services (USCIS) field offices, asylum offices and Application Support Centers (ASCs) will not provide in-person services until at least April 1. This includes interviews, naturalization ceremonies, and biometric collection appointments. USCIS will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center .

For information about how USCIS is responding to COVID-19, visit the USCIS COVID-19 page .

Michigan Department of Health and Human Service

The Michigan Department of Health and Human Service (MDHHS) offices are closed to the public, except for appointments. MDHHS offices will still be in operation.

You can apply for benefits online at MIBridges . If you are unable to apply online, you can apply by calling your local MDHHS office. If you are unable to upload your documents online, submit your verifications via regular mail. Families who receive or apply for cash assistance under the Family Independence Program (FIP) will not be required to attend orientations at Michigan Works! offices or to engage in subsequent employment activities.

Unemployment Insurance Agency

The Unemployment Insurance Agency (UIA) offices are closed to the public, except for appointments. UIA offices will still be in operation.

Eligible employees are encouraged to apply for unemployment benefits online at www.michigan.gov/UIA or by calling 1-866-500-0017.

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Knowing Why a Probate Attorney is a Smart Investment

Thu, 04 Feb 2021 12:42:00 GMT

The first question we like to address for potential clients of our probate law firm in Michigan is what exactly is a probate attorney and what services will she or he perform.

A probate attorney guides clients through the often confusing probate process. Depending on how complicated the specific probate case is, your probate lawyer will accompany you to court for any hearings, complete any and all paperwork to submit to the probate court, help you stay aware of filing dates, and more. During your first meeting or phone call with the probate lawyer, you’ll have the opportunity to respond to some questions about your departed loved one and their estate. The probate process is often very standard and our law firm knows the probate process in Michigan better than other law firms in the area.

A probate lawyer will likely have you perform several tasks to help the process be as successful as possible. These tasks will often include the following:

Filing the deceased person’s last income tax return
Getting appraisals of valuable property
Communicating with beneficiaries
Ordering death certificates
Filling out the probate petition
Filing the will with the local probate court

The first step in the process is to determine if you need a probate lawyer. It’s always a good idea to use an attorney because sometimes there are estates that are complex, but even simple estates can be confusing and it’s helpful to have a skilled attorney walk you through the probate process.

Each week, probate attorneys from the Probate Law Firm in Michigan (Thav, Ryke & Associates) are present in local Michigan area probate courts. The courts in which we have a weekly presence include: Wayne County Probate Court, Oakland County Probate Court, Genesee County Probate Court, Macomb County Probate Court, Lapeer County Probate Court, Monroe County Probate Court, and several others around the entire state.

To determine if a probate attorney from our law firm is at a specific Michigan area court, please contact Dawn Santamarina, Esq., Attorney at Law Phone: (248) 945-1111 | Email: dsantamarina@michprobate.com

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Aretha Franklin’s Probate Lesson for All Us

Thu, 07 Jan 2021 01:25:00 GMT

Aretha Franklin, the “Queen of Soul,” died back in August 2018 of pancreatic cancer at the age of 76. Her estate is just about to finally be settled now, almost 3 years after her death.

Everyone in Detroit, Michigan, knows the story of Aretha Franklin. Her rise to fame at a young age in the Motown era is a rags to riches story. What happened after her death with her estate was not a very good story. It is the perfect example of how an estate can go into probate and pose challenges to everyone involved if a will is not written before the person’s death. This is why we probate attorneys at Michigan Probate urge our clients to meet with us and make sure everything is in order with their estate. It will save your relatives a lot of stress and hardship.

Here’s Mike Martindale’s recent article about Aretha Franklin from the Detroit News

Pontiac — Aretha Franklin’s heirs and the federal government are in line for partial distribution of her sizable estate, according to Oakland County Probate Court records.

The Detroit News has reviewed a petition, submitted last month in the estate case by attorney Reginald M. Turner, that could lead to partial satisfaction of federal claims that the estate owes more than $7.8 million in unpaid taxes between 2010 and 2017. The “Queen of Soul” died in August 2018 of pancreatic cancer at the age of 76.

The total to be paid to the IRS will eventually be determined “by agreement or litigation” according to the petition from Turner, the appointed temporary special personal representative of the Franklin estate.

The petition calls for an initial $800,000 payment to the government, with more to follow.

The payment plan, which still requires approval from Probate Judge Jennifer Callaghan, also provides for an initial $200,000 to be equally distributed to her four sons, Clarence, Edward, Kecalf and Theodore, as a partial distribution of the still-to-be determined estate.

Reached Monday for comment, Turner said, “I’m not comfortable in discussing it.”

Charlene Glover-Hogan, a co-counsel for Kecalf Franklin, also declined to comment on any payment plan other than saying “no agreement has been approved yet.”

Attorneys for the other heirs either did not return calls Monday or could not be reached for comment.

Franklin’s estate, including real estate, luxury cars, furs and jewelry, has been estimated at more than $18 million and as much as $80 million. The legendary singer left no formal will but three hand-written documents have been discovered since her death.

Those documents — including a spiral notebook found under the cushions of a couch — have been disputed by her four adult sons. Nearly $1 million in uncashed royalty checks were found in her possessions, relatives said.

The payment petition, dated Feb. 19, calls for disbursement of future revenues from song royalties, licensing agreement and others Franklin assets.

Under the agreement:

► 45% of quarterly revenue would be committed to the balance of unpaid taxes owed to the Internal Revenue Service

► 40% would go to an escrow account for Franklin’s heirs and future taxes on newly generated income

► 15% would be used to manage the estate. If at the end of a calendar quarter the estate has cash exceeding $1 million in the combined bank accounts in the name of the estate, Springtime Publishing and Crown Publishing, it would be distributed equally to the heirs.

The IRS has objected to Turner’s request for monthly distributions to the heirs without an agreed-upon payment plan for unresolved tax liability. The tax liability is still under appeal with the IRS and any overpayments made would be returned to the estate, according to the plan.

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What Do Probate Lawyers Do?

Fri, 25 Dec 2020 14:08:00 GMT

In the State of Michigan, probate law can be complicated. It is very helpful to retain a lawyer who specializes in probate law and can help prevents personal liability. If you are an executor, it is your responsibility to make many decisions. But beware because if you make errors or act before you have the court’s permission to do so, then it can make you personally liable. By having a probate lawyer, they will advise what you are able to do along the course. By advising on each step, the Probate Attorneys at Michigan Probate can help keep you from making what could be very costly errors as an executor.

Often much of what a probate lawyer does is help with trust administration as well as making sure death and income taxes are filed smoothly. While any lawyer can be familiar with how the court functions, not every lawyer is so intuitive when it comes to taxes and trusts. When you retain a probate lawyer to represent you, then you can expect to get a certain type of service. Maybe your friend or family lawyer has to get back to their actual job and can’t make a court date. You better believe that doesn’t happen with a probate lawyer.

If a loved one has died and you find yourself in the executor role, contact one of the attorneys at the Thav Ryke & Assoc. Law Firm today. Do not attempt to handle the process alone.

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Why Client Reviews Are So Important in Choosing a Probate Law Firm

Mon, 07 Dec 2020 15:50:00 GMT

We all know that in today’s day and age, reviews matter. It’s unusual for anyone to select a restaurant, hotel, or doctor without first checking the online reviews. That coveted 5-star review on Google is essential not only for the travel and medical industries but for law firms also. At the Probate Law Firm in Michigan, we know that our clients first read the online reviews for our attorneys in particular and our law firm in general. We always strive to ensure our clients’ satisfaction and our online reviews demonstrate that our clients are satisfied.

When selecting a probate attorney, there are many factors that should be considered. In addition to our expertise in the subjects of probate law, wills, and estate administration, a law firm’s ability to be understanding and patient, as well as explain everything to the clients should also be considered.

Some of Thav, Ryke & Associates’ recent Google reviews mention these attributes. We are happy to have strong online ratings and will continue to strive to make sure our clients are always satisfied with our services. Here are some of the recent reviews on Google for the Probate Law Firm in Michigan – Thav Ryke & Associates:

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When High Profile Celebrity Deaths Go to Probate

Mon, 16 Nov 2020 21:37:00 GMT

This past February, right before the COVID-19 pandemic got really bad in the U.S., the brother of a very famous deceased music legend passed away. While the entire world was aware of the death of Prince, the passing of Prince’s brother Alfred Jackson didn’t make news the same way. As the Star Tribune, Minnesota’s main newspaper, reported, this death greately increased the complications over Prince’s estate.

When Alfred Jackson died it raised new legal questions due to Prince’s contested will. The complicated efforts to settle the legendary musician’s estate are an example of why it’s so important to have a Probate Attorney handle your estate before your passing. Obviously, we are not as famous or as wealthy as a celebrity like Prince, but we should use this example to plan ahead and use a Probate Law Firm like Thav, Ryke and Associates to ensure there will not be complications or confusion.

From the Star Tribune (February 2020)

Jackson, one of six sibling heirs to a fortune worth at least $100 million, sold 90% of his Prince estate rights last year to Primary Wave, a well-funded and growing entertainment company that invests in music publishing and recording rights. Prince’s sister Tyka Nelson also cut a deal with Primary Wave, getting cash up front as the estate proceedings drag on.

As a result, close to one-third of Prince’s assets could end up controlled by parties not related to him, further complicating the difficult task of settling Prince’s estate.

Within hours of signing with Primary Wave in August, Jackson, 66, died of heart disease at his home in suburban Kansas City, Mo. Unlike Prince, he had signed a will. He did not have a wife or children and, in another twist, instead of leaving his estate to his siblings, he bequeathed his assets to a friend, Raffles Van Exel.

Van Exel bills himself as an entertainment consultant, but he is best known for hanging out with Whitney Houston, particularly in her last days, and Michael Jackson’s family. He also was a creative force behind O.J. Simpson’s notorious “If I Did It” book project, federal court records show.

The Alfred Jackson situation “seems oddly and shockingly coincidental,” said L. Londell McMillan, business adviser and entertainment attorney for Sharon, Norrine and John Nelson, three other Prince heirs.

“It breaks my heart that [Alfred] made a deal that he didn’t even live a full day to enjoy,” said McMillan, who worked with Prince for several years. “And now a third party is claiming rights to it. That’s something I find troubling.”

Primary Wave’s deal with Jackson is being questioned by his own family, at least his siblings who aren’t related to Prince. Their biggest goal: contesting Jackson’s will.

Prince’s death of a fentanyl overdose on April 21, 2016 — without a will — created one of the largest and most complicated probate court proceedings in Minnesota history. The value of the rock star’s estate is still being hashed out in Carver County probate court, waiting for a determination from the IRS that’s expected this summer.

“Prince has an [estimated] $100 million to $300 million estate, but it’s not dollars in a bank account but in [potential] royalties on his music, and that’s much more difficult to value,” said Dennis Patrick, a Minneapolis attorney who wrote about Prince’s estate in the Mitchell Hamline Law Review.

Millions to lawyers

Prince’s heirs can’t get their money until his estate is settled. In the meantime, the estate has doled out tens of millions of dollars to lawyers, consultants and others.

A recent probate court document chronicling expenses for the year ending Jan. 31, 2019, shows that Comerica, the Dallas-based bank administering the estate, got $1.5 million in fees. Troy Carter, Comerica’s L.A.-based entertainment consultant and Lady Gaga’s former manager, received $2 million. And Fredrikson & Byron, the Minneapolis law firm working for Comerica, took in $3.8 million.

During that same year, Prince’s estate paid $343,000 for attorney bills for the heirs. But the heirs are covered only for legal services that the court deems helpful to the estate itself. Prince’s siblings have personally racked up hundreds of thousands of dollars in lawyers’ fees.

Several attorneys have put liens on their interests in the estate. Court records indicate Tyka Nelson has had more than $800,000 in liens, while Alfred Jackson had unpaid legal bills of at least $900,000 when he died.

With proceedings dragging on, Primary Wave offered Prince’s heirs — all but one of whom are over age 58 — the ability to raise cash by selling their estate rights. Jackson, for instance, wanted “to enjoy life now, rather than wait … and either be too old, sick or dead to enjoy” his inheritance, his estate administrator, Leonardo Starke, said in an affidavit.

Primary Wave made unsuccessful overtures to at least three siblings — Sharon, Norrine and John Nelson, according to a recent court filing.

In it, the trio says they are concerned that Primary Wave will use its deep pockets to their detriment. The company’s involvement would only lead to more delays and tensions, the siblings wrote in a letter directly to court. With the case draining their “limited resources,” they said they can’t afford lawyers in this matter and are representing themselves.

New York-based Primary Wave declined to comment on their claims.

Primary Wave was founded 14 years ago by Lawrence Mestel, a former top executive at the Arista and Island record labels. Privately held Primary Wave got its start by purchasing half of deceased rock star Kurt Cobain’s Nirvana catalog. Nowadays, Primary Wave owns thousands of song copyrights from artists both living and dead. It has interests in the estates of the late classical pianist Glenn Gould and Houston, co-creating controversial hologram tours for both performers.

The terms of Primary Wave’s deals with Tyka Nelson and Alfred Jackson haven’t been disclosed, but the company has been asserting its rights in Prince’s probate case. In a December court filing, Primary Wave says it “stands in the shoes” of the two heirs. “There is no legal basis to distinguish between the interest of Primary Wave and the interest of any heir.”

A history of illness

Case developments

Alfred Jackson: Prince’s sibling died unexpectedly of coronary disease in August. His will left all of his assets to Raffles Van Exel, an entertainment consultant who is known for hanging out with Whitney Houston, especially in her last days, and Michael Jackson’s family members. Some of Alfred Jackson’s siblings are contesting the will, saying their brother was vulnerable and had “a failure of mind” in the months before his death.

Primary Wave: Alfred Jackson and another Prince heir, Tyka Nelson, sold a significant amount of their rights to Prince’s estate to Primary Wave, an entertainment company that owns the rights to several musicians’ catalogs and is marketing the Whitney Houston hologram tour. At least three of Prince’s other four heirs are contesting Primary Wave’s role in Prince’s estate.

Fees piling up: Court expense reports show that since Prince’s death in April 2016, fees to administrators, lawyers and consultants total tens of millions of dollars. Since he died without a will, his estate has produced one of the largest and most complicated probate court proceedings in Minnesota history. The estate is expected to be valued at between $100 million and $300 million; an IRS valuation is expected to be completed this summer.

Primary Wave’s agreement with Jackson is being challenged by his family.

Jackson had moved from Minnesota to Missouri, where he has family, after Prince died, and his will is filed in Kansas City probate court. On Aug. 29, Jackson succumbed to cardiovascular disease, according to his death certificate.

His family in Missouri said in court filings that Jackson had a long history of physical and mental health problems, including Parkinson’s disease, and took an antipsychotic medicine used to treat mental disorders. Court records show two involuntary commitments in Minnesota, in 1989 and 1991, and a diagnosis of “chronic paranoid schizophrenia.”

Last summer, Jackson’s medical condition “was such that [he] had experienced a failure of mind that deprived [him] of intelligent action beyond the most basic decisions,” according to a document filed in the contestation of Jackson’s will by Shawn Jackson, one of his brothers not related to Prince.

Before Prince died, Jackson was “unable to live independently,” and was residing at a Waite Park, Minn., facility for people who need help with “activities of daily living,” Shawn Jackson’s attorney said in a document filed this week in Prince’s estate proceedings in Carver County.

McMillan, who served as a business manager to Jackson for a time since Prince’s death, said he was “a very sweet, kind man. Very easy to get along with and easy to like. “He certainly was ill and needed care and assistance in pretty much everything he did during his later years in life, for sure. Any who met Alfred and had a conversation beyond five minutes would clearly know that.”

But Starke, a Miami lawyer who represented Jackson in the Primary Wave deal, said in an affidavit that Jackson “knowingly made decisions” during the Primary Wave negotiations. The day before Jackson died, Starke said he visited him and that Jackson “appeared to be healthy and in good spirits.”

‘Inserting himself’

Shawn Jackson is trying to get Starke suspended as Alfred’s estate administrator, claiming the attorney is conflicted. A probate judge declared Friday that Starke does have conflicts, but didn’t issue a written order, attorneys said. Starke didn’t return calls for comment. It’s not clear how Van Exel and Alfred Jackson became friends. But Shawn Jackson claims in court filings that “Raffles has a history of searching out celebrities and their family when they are at a low point and then inserting himself into their lives, ultimately for his own financial gain or the financial gain of those he is associated with.”

Starke has known Van Exel since the mid-2000s, court records indicate.

They met during talks in Miami concerning O.J. Simpson’s book “If I Did It,” according to a bankruptcy court deposition from Starke, who represented a company owned by Simpson’s children.

McMillan said he met Van Exel once — at an October 2016 Prince tribute concert that the lawyer helped produce at Xcel Energy Center in St. Paul — but had no business dealings with Van Exel. But he does have questions about him.

“Put his name in YouTube,” McMillan said of Van Exel. “He somehow finds a way to connect to people who are vulnerable.”

Van Exel, who lives in West Hollywood, Calif., and bills himself as an entertainment consultant, could not be reached for comment.

Van Exel’s role in Alfred Jackson’s estate will likely be a “sideshow” to the main Prince probate case in Minnesota, said attorneys familiar with the Prince estate. “It doesn’t stop the people in Minnesota from otherwise doing what they need to do,” Patrick said.

Still, “it might give [Comerica] a cause to pause and figure out what is going on here. … The brother [Alfred] is still a beneficiary. They will need to answer the question: When the money is disbursed, where will it go?”

McMillan, a longtime time entertainment attorney who represented Michael Jackson’s mother, Katherine, in the disposition of his estate, is surprised that it’s taking so long to settle Prince’s affairs.

“Prince wrote a lot of songs and a number of them could apply to the what’s happening with the estate and the people around it,” McMillan said. “The song I most associate with this is ‘Emancipation.’ I’m hoping soon that his estate will be emancipated.”

This article originally appeared on StarTribune.

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What Happens to a Michigan Estate During Probate?

Sun, 25 Oct 2020 01:48:00 GMT

Many clients and potential clients of our probate law firm ask us the following question: What happens to a Michigan estate during the probate process?

After the naming of an administrator, that individual is responsible for compiling all estate assets and settling estate debts, including items like taxes, funeral costs, and administration expenses. After fulfilling these obligations, the executor or personal representative divides the remaining assets among beneficiaries.

Are all assets subject to the probate process?

Certain estate items may not have to pass through probate at all. Some examples of assets that a Michigan probate court may not take into consideration during the process include the following:

Michigan law also allows for a streamlined probate process in the case of smaller estates under a certain value. In 2018, an estate of no more $23,000 may qualify for proceedings that require minimal court action.

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Understanding Probate Court in Michigan

Wed, 02 Sep 2020 19:01:00 GMT

No one wants to think about what happens when you die, but there are many decisions that will need to be made regarding your assets, property, and more. Rather than leaving your loved ones to figure things out, having a detailed estate plan can help outline your wishes so they can be legally carried out as easily as possible.

Unfortunately, when a person passes away without an estate plan, with a will, or when there are disputes regarding the documents within the estate plan, it may be necessary for your loved ones to go through the probate court in order to get things sorted out.

Michigan Probate Court Definition
Specifically, probate refers to the process by which a court oversees and sometimes makes decisions regarding how a deceased person’s property and assets are distributed.

In these situations, a probate court itself appoints a person to take over control of the person’s assets, make sure any remaining debts are paid off, and distribute property/assets to beneficiaries accordingly. The person appointed to oversee the estate is called the administrator or executor, and is usually named in the will if there is one, or is a close relative or friend of the deceased.

The legal probate process remains relatively consistent from one state to the next, though different states may have different names for their probate courts. They are often referred to as Orphan’s Court or Chancery Court.

Probate court required when the deceased dies owning any assets that don’t transfer automatically so the assets can legally be passed on to heirs. However, the probate process may also be used when there is a question over the authenticity of an estate-planning document or the mental stability of the person who created it.

The Purpose of Probate Court in Michigan
It’s easy enough to define probate, but understanding the purpose of the probate court is just as important. Probate courts are generally in place for a few main reasons. The main purpose is to ensure that any financial liabilities left behind by a person who has passed away are taken care of.

Creditors are given notice of the death and have a set timeframe in which they can make a claim against the estate. For example, if you pass away and still owe money on credit cards, the probate process will be used to pay off your outstanding debt before any of your inheritance can be passed onto your heirs.

In addition to making sure outstanding debts are taken care of, the probate court is charged with the responsibility of dealing with a deceased person’s remaining assets and their distribution. If a will is in place, this process is typically a lot easier because the wishes of the deceased are very carefully outlined.

Unfortunately, situations where there is no will or detailed estate plan in place, can complicate the process and draw things out significantly.

Understanding the Probate Court Process
In most cases, the probate court process must be initiated by a petition. In a situation where the deceased person has a will, the person named in the will as executor or administrator contacts the probate court and files the petition themselves, or hires an attorney to do so. From there, the courts will take a look at the will as a document to ensure it is valid. Specifically, they’ll be looking for signs that the will may not have been written by the deceased person or that the person who created it was not in the right mental state at the time of its creation. The court will also make sure the proper formalities were followed: the will has the right number of witnesses, is notarized, dated, and signed by the decedent.

In most cases, the will is recognized without issue, although it is possible for a court to declare the will invalid if the proper formalities were not followed. From there, the probate court will usually appoint an executor or administrator to ensure that the wishes outlined in the will are carried out in a timely manner.

Unfortunately, the probate process can get a little more complicated and time-consuming in situations where there is not a will in place. Each state has laws that dictate who receives the assets of the estate and in what proportions depending on the relationship to the deceased. Unfortunately, this may create tension and conflict among family members and the process can then get increasingly complicated. Relationships may be strained as a result.

It is also important to understand that there are fees and other costs that come along with going through the probate process—and the more complicated it becomes, the more costly it may be as well. In addition to court filing fees, it may become necessary to hire a probate attorney—who may charge by the hour or a flat fee. A few states also allow an attorney to charge a percentage of the total estate value. The executor or administrator is also allowed to charge a reasonable rate for their time spent administering the estate.

There are many factors that can impact how long the probate process lasts (and thus how much it costs), including whether or not a will was in place, the types of assets in the estate, and whether or not any family members contest any of the outcomes. If the deceased died with any debts, the estate must remain open for a set time period to allow creditors time to file a claim against the estate. Depending on the state, this creditor period can last anywhere from 30 days to 2 years after the creditor is notified of the death.

As part of the probate court process, you should also be aware that your finances will become a matter of public record whether you have a will or not. This means that after the probate process is completed, anybody will be able to find out about your assets and debts, as well as who you choose as your beneficiaries for assets and property. For this reason, some people choose to implement a trust in addition to a will, since trusts can typically be carried out without probate and are not a matter of public record.

The Probate Process and Taxes
Another thing to be aware of when it comes to the probate process is that taxes may apply to your loved ones’ inheritances. The specifics here can vary widely from one state to the next, but most states will require that some form of tax be paid at the time of inheritance. This means that the amount your loved ones will inherit will be decreased by the amount of the tax. Even if your assets do not pass through the probate process, assets passed by trust may also be subject to the estate tax.

Depending on the value of the estate or assets you’re passing on, it is also possible that your beneficiaries will be required to pay the Federal Estate Tax. This Federal tax is assessed to those with an estate exceeding a value of around $11.5 million (changing to about $6 million in 2026), though there are exemptions. With proper planning and consultation with an attorney, you may be able to reduce the value of your estate and avoid estate taxes.

The Importance of Having an Estate Plan
Now that you have a better understanding of the probate process and what it entails, hopefully, it’s clear that having an estate plan in place is important. In some cases, having a detailed estate plan that includes a trust can even negate the need for your loved ones to go through the probate process at all after your passing. This can help them avoid a lot of the stress and hassle that can come along with making court appearances, as well as the costs associated with the probate process.

Having an estate plan also helps to reduce the likelihood of family disputes following your passing. By carefully outlining who will receive what (and letting beneficiaries know what to expect ahead of time), you can do your part to keep the peace after you pass.

Even if you don’t set up a trust, you can help to streamline the probate process by having a carefully detailed will. This will make it easier for the probate court to ensure the validity of your will and carry out your wishes in a timely manner, thus reducing the amount of time your loved ones need to spend in probate court and saving them money as well.

Avoiding the Probate Process
The best way to avoid the probate process is to create a trust during your lifetime as part of your estate plan since these legally binding documents usually do not require probate and are also not a matter of public record. Also make sure you name beneficiaries on any life insurance policies, transfer on death accounts, IRAs, and other assets that allow you to name a beneficiary. Of course, there are situations where a will will be a more logical choice than a trust, so avoiding the probate process will not always be possible.

No matter what, having a detailed estate plan is the best way to ensure that the probate process goes as smoothly and seamlessly for your loved ones as possible. Consult with a local estate attorney to begin drafting yours.

For more information about Probate Court in Michigan, contact one of the attorneys at Thav Ryke and Associates – a Michigan Probate Law Firm.

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COVID-19 and Durable Powers of Attorney for Health Care and Finances

Fri, 14 Aug 2020 22:15:00 GMT

The COVID-19 pandemic has rocked our world. It’s changed everything we previously thought. Kids are out of school and taking classes virtually. Parents are working from home and learning new technologies to be able to get their jobs done. There is a new sense of priority to get our things in order in case we get sick. Certainly, those of us with aging parents are considering the checklist we need to have on hand for when the time comes.

Durable Powers of Attorney for Health Care and Finances is something that should be included in that checklist. Senior citizens and vulnerable individuals (those with preexisting conditions) should take extra measures to protect themself and their family in the event of contingencies that may arise in the coming months as we continue to endure the Coronavirus (COVID-19).

It is vitally important to have durable powers of attorney for health care and finances in place. In some situations, a living trust can provide even better protection than a durable financial power of attorney. At the Probate Law Firm of Thav, Ryke and Associates, we can advise you on durable powers of attorney and their role in addressing coronavirus concerns. As you prepare your will, we encourage you to add durable powers of attorney. If you have an estate plan, locate it and find your durable powers of attorney for health care and finances. Review them and make certain that they are up to date. If you don’t have durable powers of attorney, call an attorney and put them in place now.

Michigan has specific state laws governing durable powers of attorney for health care and for financial matters, the state does not have standardized DPOA forms. To ensure the validity of your DPOAs, you should never use a do-it-yourself (DIY) service or form. When an attorney prepares the documents for you, your DPOAs take your individual situation and wishes into account. Your lawyer also ensures that the documents are legally valid under applicable Michigan laws.

If you have an out-of-state durable power of attorney, it may be (or may not be) valid in Michigan. But even if it is valid, your agent or advocate may encounter difficulty getting it honored in Michigan. You should ask a Michigan lawyer to create new durable powers of attorney that conform with specific Michigan requirements, to avoid any potential problems with out-of-state documents.

If you don’t have durable powers of attorney for health care and finances, you should contact an attorney at your earliest convenience. Putting those documents in place does not involve a complicated process in most cases.

A living trust also provides financial management of your assets owned by the trust. In fact, trusts often provide a superior approach to financial DPOAs. Additional information about living trusts is available in these blog articles: The Power of a Living Trust: Top 7 Reasons Why You Need One; The Basics of Life and Estate Planning; Are Revocable Living Trusts Only for Rich People?

We are here to assist with durable powers of attorney, a living trust, or any other legal matter. We use the latest in technology and modern resources to address the needs of our clients, while following the COVID-19 pandemic guidelines. We are able to use Zoom, Skype, FaceTime or telephone conferences for client meetings. If we can assist you or a family member, please do not hesitate to contact us. Call Andrew Thav, Jamie Ryke or any of the attorneys at our Probate Law Firm, conveniently located in Southfield, MI and Grand Rapids, MI.

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5 Things to do Before you Meet with an Attorney to Probate an Estate

Tue, 21 Jul 2020 19:53:00 GMT

By preparing all of these documents and information, your first meeting with your probate attorney should be successful.

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The Aretha Franklin Lesson of Estate Planning

Sat, 11 Jul 2020 12:35:00 GMT

Many famous and successful entertainers, including Prince, Farrah Fawcett and James Brown, neglected to leave a will. As many know, especially here in the Detroit area, the Queen of Soul Aretha Franklin also neglected to have proper estate planning in place before her death.

The rich and famous are, of course, not exceptions to the need for proper end-of-life financial planning including estate planning. According to a 2017 report from Caring.com, 58 percent of U.S. adults surveyed said they had no end-of-life plan. Why don’t the legal battles following the demise of celebrities dying intestate serve as red flags for the rest of us? Like most advisers, I’ve counseled plenty of clients who refuse to do estate planning. To many of them, making a will or drawing up a living trust means confronting the inevitability of their own death — and they just can’t deal with it.

Since Aretha Franklin died without a Will or Trust, her four sons and a niece will likely be fighting about who should be appointed as the executor (and other matters) in court regarding her estate. All five of them have already filed paperwork with the court.

Failing to have a Will or a Trust highlights misconceptions that continue to exist about Elder and Estate Law. Attorneys who concentrate on estate planning, like the Probate Law Firm of Thav and Ryke in Southfield Michigan, have a thorough understanding of the consequences and implications of your decisions and will help you avoid mistakes that can be easy to make and cost you and your loved ones time and money. Getting a customized estate plan can help people at all income and asset levels avoid a potentially costly and drawn-out estate administration or probate process.
Probate is the legal process of administering a decedents’ or disabled estate through the local Circuit Court system. Individuals with high net-worth may need to consider additional estate-tax implications.

There are countless benefits to having a well-drafted estate plan, including a well-drafted estate plan can allow you to bypass the probate process. This pre-planning and foresight saves the individual or family money as well as keeping their situation and affairs out of the public sphere. As noted above, if a probate proceeding is needed, the process will be handled in the local Orphan’s/Probate Court and is a public proceeding, allowing your family, friends and the general public access to your estate.

It may be frightening or overwhelming to plan for your own disability or death, a good estate plan will help ease your fears and prepare you and your family for the unknown. Creating documents such as a Power of Attorney for Property and Power of Attorney for Healthcare, allows you to name an individual (an “agent”) to handle your financial affairs and medical decisions for you if you should become disabled. Informing your attorney of all the potential complicated matters ahead of time will allow him or her the opportunity to include provisions in your documents to safeguard against fighting family members, or a will or trust contest. Leaving your estate to your beneficiaries in a trust is an option allowing the Trustee to control how assets are invested, and when and in what amount distributions are made. This may help curtail any beneficiaries’ reckless spending or bad investment decisions.

Don’t be like Aretha and several other high profile individuals. Be prepared and leave an estate plan for your heirs. Having a will in place will make life much easier and less complicated for them. The Attorneys at Thav and Ryke in Detroit Michigan are here to help. Contact Andrew Thav or Jamie Ryke today to get started on your estate planning.

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How To Avoid Ancillary Probate When There’s Property In Other States

Tue, 23 Jun 2020 18:40:00 GMT

The post How To Avoid Ancillary Probate When There’s Property In Other States appeared first on Probate Law Firm in Michigan - Thav, Ryke & Langan .

Covid and the Courts in Michigan

Wed, 17 Jun 2020 03:04:00 GMT

Michigan Probate Attorneys understands that COVID-19, or coronavirus, is impacting people in Michigan in a myriad of ways. COVID-19 will likely affect your court case, especially surrounding probate issues. Court staff and lawyers are still working, but they are limiting public access to their courts and offices. This is still true even after the Governor’s “stay-at-home” order.

We hope this information about Michigan Courts and the Coronavirus Pandemic will be helpful to you.

Is My Court Open? Will My Hearing be Held?

The court has issued several emergency orders telling courts how to best serve the public during the COVID-19 state of emergency. These orders say that courts should:

Practice social distancing;
Limit access to courtrooms and other spaces to 10 or fewer people (including staff);
Allow people to file things by e-mail, fax, mail, e-Filing, or in person;
Allow people to file fee waiver requests without coming to court — either through e-mail, e-Filing, fax, or mail;
To send notices and other papers to parties by e-mail, e-Filing, or fax whenever possible;
To hold hearings remotely whenever they can using Zoom, other videoconferencing options, or by telephone unless another state or federal order prohibits it (like some evictions or foreclosures); and
If parties reach an agreement and the court can accept the agreement without holding a hearing, those agreements can be filed and entered with the court for no extra fee.

However, not every court is able to hold remote hearings, and not every person is ready to attend a remote hearing . If you have a scheduled hearing and you think it might be considered essential or held remotely, contact the court to find out what to do . If you have a hearing scheduled and you are ready and able to attend by phone or videoconference, reach out to your court and let them know. Go to the Michigan One Court of Justice website or Courts & Agencies on Michigan Legal Help to get contact information for the court you are supposed to visit. It is also important to check your mail, e-mail, and voice-mail to see if a court has been trying to reach you to tell you how to participate in an upcoming hearing. If you have a virtual hearing scheduled, read What to Expect at a Virtual Hearing or review guidelines from the Supreme Court.

How will this impact my case?

In addition to giving courts instructions on how to operate during the COVID-19 state of emergency, the Supreme Court has given guidance to parties as well. You should:

Participate in hearings remotely (by Zoom, phone, or other conference option) if you can – read What to Expect at a Virtual Hearing ;
Check your e-mail, mail, and voice-mail regularly in case the court is trying to tell you how to participate in a hearing;
Send court papers to other parties by e-mail, fax, or e-Filing if possible, since not everyone is able to receive their mail; and
File papers with the court using e-mail, fax, e-Filing, or mail whenever possible.

To learn more about different ways in which COVID-19 might affect a specific legal issue, go to the COVID-19 resource page on Michigan Legal Help .

Michigan Legal Help will continue to be an online resource for legal information related to COVID-19. We will be sharing statewide updates as often as we can at michiganlegalhelp.org/coronavirus .

Extended Deadlines

Other Closures

Immigration Court

U.S. Citizenship and Immigration Services

For information about how USCIS is responding to COVID-19, visit the USCIS COVID-19 page .

Michigan Department of Health and Human Service

The Michigan Department of Health and Human Service (MDHHS) offices are closed to the public, except for appointments. MDHHS offices will still be in operation.

Unemployment Insurance Agency

The Unemployment Insurance Agency (UIA) offices are closed to the public, except for appointments. UIA offices will still be in operation.

Eligible employees are encouraged to apply for unemployment benefits online at www.michigan.gov/UIA or by calling 1-866-500-0017.

The post Covid and the Courts in Michigan appeared first on Probate Law Firm in Michigan - Thav, Ryke & Langan .

Questions to Ask an Estate Planning Attorney

Mon, 01 Jun 2020 16:35:00 GMT

Contact the Michigan Probate Attorneys now for a consultation. We are accepting new clients.

What Property Can Go in a Living Trust?

Who Should Be My Trustee?

Does a Living Trust Avoid Estate and Probate Taxes?

What Are the Benefits of a Living Trust?

Michigan Probate Attorneys has offices in Southfield and Grand Rapids, Michigan. Contact us now.

What are the Drawbacks of a Living Trust?

Do I Still Need a Power of Attorney?

What is the difference between a Living Trust vs. Will?

How Do I Create a Living Trust?

Should I Also Have a Will?

Living trusts provide a lot of flexibility and privacy and can be an important part of your estate plan. Considering all the options available to you can help you make the best choice.

Contact the Michigan Probate Attorneys, Jamie Ryke and Andrew Thav, about your estate planning and probate needs.

The post Questions to Ask an Estate Planning Attorney appeared first on Probate Law Firm in Michigan - Thav, Ryke & Langan .

Michigan Probate Blog - Probate Law Firm in Michigan - Thav, Ryke & Langan

Some Benefits of Estate Planning

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Michigan Probate Attorneys has offices in Southfield and Grand Rapids, Michigan. Contact us now.

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Contact the Michigan Probate Attorneys now for a consultation. We are accepting new clients.

Michigan Probate Attorneys has offices in Southfield and Grand Rapids, Michigan. Contact us now.

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Thav, Ryke & Associates will treat you like family in your time of need! For any questions or concerns, please contact us at 800-728-3363.

Estate Planning in Michigan

What is Estate Planning?

Contact the Michigan Probate Attorneys now for a consultation. We are accepting new clients.

Michigan Probate Attorneys has offices in Southfield and Grand Rapids, Michigan. Contact us now.

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Expertise Counts for a Lot

Documents, Documents, Documents – Preparing Your Estate

1. Last will and testament

2. Revocable living trust

3. Beneficiary designations

4. Durable power of attorney

5. Health care power of attorney and living will

6. Digital asset trust

7. Letter of intent

8. List of important documents

Thav, Ryke & Associates in the Media: Macomb Daily

Man a no-show in Macomb court in dispute over $4 million from estate’s trust fund

The Michigan Probate Law Firm of Thav, Ryke & Associates was mentioned in this article from the Macomb Daily about a case we have been working on:

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Contact the Michigan Probate Attorneys now for a consultation. We are accepting new clients.

Michigan Probate Attorneys has offices in Southfield and Grand Rapids, Michigan. Contact us now.

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We Have Probate Law Offices in Southfield and Grand Rapids, Michigan

How do you know if you require Estate Planning?

Call Attorneys Thav and Ryke at the Michigan Probate Attorneys now for a consultation.

Michigan Probate Attorneys has offices in Southfield and Grand Rapids, Michigan. Contact us now.

We are accepting new clients.