The Estate Planning and Probate Group at Rhoades McKee assists clients in preserving, administering and transferring wealth. We value lasting relationships with our clients to serve their changing needs over time, and strive to provide straightforward advice and excellent services each time we are called upon. We help clients plan to eliminate or reduce taxes and to avoid court intervention in their affairs. When court intervention is required, we represent clients in the administration of probate estates, guardianships, conservatorships and trust actions.

Estate Planning

Our first role in the estate planning process is to listen. After we understand a client’s situation and objectives, we explain available planning options in plain English. Some of the tools we use to complete an estate plan include Wills, Living Trusts, Financial and Healthcare Powers of Attorney, Deeds to transfer assets into Trust, Property Agreements, Irrevocable Insurance Trusts, Charitable Remainder Trusts, Personal Residence Trusts, Family Limited Liability Companies (LLCs) or Family Limited Partnerships.

We are experienced in advising clients about life insurance, methods of providing for a child’s education, charitable planning, the succession of a family business, planning for distribution of IRAs or pension benefits, and coordinating estate plans among multiple generations. The Group takes pride in thorough, creative planning that helps solve family problems.

Trusts

Part of our desire to form lasting relationships with clients is to help them properly establish and administer trusts. We advise Trustees about their duties and beneficiaries about their rights. We prepare federal estate tax returns and assist in the tactical decisions to be made in dividing and distributing assets upon a client’s death.

Trusts are often of long term benefit to a family, and proper administration of a Trust over time helps prevent problems. When necessary or beneficial to our clients, we are experienced in obtaining court ordered trust modifications or instructions on specific issues in trust administration.

Probate

Michigan’s Estate and Protected Individuals Code includes provisions which provide for the probate of small estates under an expedited process which avoids the expense and red tape that can sometimes be associated with probate proceedings. For larger estates, the Code allows the estate to be probated on an informal or supervised basis. Unless there are significant disputes between beneficiaries, or with creditors of the estate, most estates are probated on an informal basis. This type of probate avoids the need for formal proceedings before the probate court and gives the personal representative of the estate a great deal of authority to manage and distribute the estate to the beneficiaries without court intervention.

The attorneys at Rhoades McKee have assisted numerous clients in both informal and supervised probate proceedings, including the filing of all necessary estate and income tax returns.

When planning, one of our goals is to help clients avoid court intervention, but sometimes a court proceeding is unavoidable. We are experienced in representing executors, trustees and others before the probate court in probate estates, conservatorships, guardianships and trust actions. We work with litigators in the firm to handle disputed probate proceedings, including beneficiary disputes, will contests, Trustee accounting and surcharge proceedings and other probate matters.