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Willingham & Coté, P.C.

Willingham & Coté, P.C.

East Lansing, United States

Founded in 1968
26 people in their team
Willingham & Coté, P.C.Trusted Legal ServicesFOR OVER 50 YEARS, Willingham & Coté, P.C. has served businesses, families and individuals in...
English

About Estate Planning Law in East Lansing, United States

Estate Planning is a legal process that involves arranging what will happen with your assets and responsibilities after you pass away or become unable to manage them yourself. In East Lansing, United States, Estate Planning laws govern the creation and management of wills, trusts, powers of attorney, and other legal documents that outline your wishes and provide for the distribution of your estate.

Why You May Need a Lawyer

While it is possible to create a basic estate plan without legal assistance, it is highly recommended to consult with an Estate Planning lawyer, especially in complex situations. Here are some common situations where you may need a lawyer:

  • You have significant assets or a complicated financial situation.
  • You want to minimize estate taxes or avoid probate.
  • You have a blended family, with children from previous marriages.
  • You have a family member with special needs.
  • You own a business and need to plan for its succession.

Local Laws Overview

In East Lansing, United States, the following aspects of local laws are particularly relevant to Estate Planning:

  • Michigan's Wills and Estates Code: This code outlines the requirements and procedures for creating a valid will, trust, or other estate planning documents.
  • Probate Process: When someone dies, their estate may need to go through the probate process. Probate courts in East Lansing oversee the distribution of assets and payment of debts according to state law.
  • Power of Attorney Laws: East Lansing has specific laws regarding powers of attorney, which allow someone to act on your behalf for financial or healthcare decisions if you become incapacitated.
  • Estate Taxes: Michigan does not currently impose a state estate tax, but it's important to consider federal estate tax laws when planning your estate.

Frequently Asked Questions

1. Do I need a will and a trust?

Whether you need a will, a trust, or both depends on your unique circumstances. A will is essential for naming guardians for minor children and expressing your final wishes. A trust can avoid probate and provide ongoing management of your assets during your lifetime. Consulting a lawyer can help determine the best approach for you.

2. What is the role of an executor?

An executor is the person you appoint in your will to manage your estate after you pass away. Their responsibilities include gathering and distributing assets, paying debts and taxes, and ensuring your final wishes are carried out. It is crucial to select someone trustworthy and capable of handling these tasks.

3. How often should I update my estate plan?

Reviewing and updating your estate plan is recommended when major life events occur, such as getting married, divorced, having children, or acquiring substantial assets. Similarly, changes in the tax laws or a desire to modify your beneficiaries or executors may also warrant an update. Plan to review your estate plan every few years or consult a lawyer for advice on the frequency.

4. Can I remove a beneficiary from my estate plan?

Yes, you can remove a beneficiary from your estate plan. However, the process may depend on the type of estate planning document you created. It is advisable to consult with an attorney to understand the legal implications in your specific case.

5. What happens if I die without an estate plan?

If you die without an estate plan (intestate), East Lansing's laws will determine how your assets are distributed. Generally, your assets will be divided among your closest living relatives according to the laws of intestacy. Creating an estate plan allows you to have control over who receives your assets and ensures your wishes are followed.

Additional Resources

If you are in need of legal advice or more information about Estate Planning, the following resources can be helpful:

  • State Bar of Michigan - Estate Planning & Probate Section: https://www.michbar.org/programs/section.cfm?section=EPN
  • Michigan Secretary of State - Estate Planning: https://www.michigan.gov/sos/0,4670,7-127-1638_8716---,00.html
  • Legal Aid of Central Michigan: http://www.lawhelp.org/mi/

Next Steps

If you require legal assistance in Estate Planning in East Lansing, consider taking the following steps:

  1. Assess your specific needs and goals for your estate plan.
  2. Research local Estate Planning lawyers and read reviews to find a reputable attorney.
  3. Schedule consultations with potential attorneys to discuss your situation and determine if they are a good fit.
  4. Gather any necessary documents or information related to your assets and beneficiaries.
  5. Work with your chosen attorney to create or update your estate plan, ensuring it reflects your wishes and complies with applicable laws.
  6. Regularly review and update your estate plan as needed.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.