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Willingham & Coté, P.C.

Willingham & Coté, P.C.

Traverse City, 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 Traverse City, United States:

Estate Planning is a legal area that focuses on preparing and organizing an individual's assets, properties, and wishes upon their incapacity or death. In Traverse City, United States, Estate Planning encompasses various aspects such as creating wills, establishing trusts, designating beneficiaries, and planning for healthcare directives and powers of attorney.

Why You May Need a Lawyer:

While it is possible to create a basic estate plan without legal assistance, there are several situations where seeking professional help from an experienced Estate Planning lawyer is highly advisable:

  • If your estate is large or complex, involving multiple properties, businesses, or investments.
  • If you have minor children or dependents with special needs, requiring specific provisions and guardianship designations.
  • If you want to minimize taxes and ensure an efficient distribution of assets to your beneficiaries.
  • If you have concerns about potential disputes or challenges to your estate plan.
  • If you need assistance with managing your healthcare decisions or establishing a power of attorney.

Local Laws Overview:

In Traverse City, United States, the following key aspects of local laws are particularly relevant to Estate Planning:

  • Inheritance and Estate Tax: Traverse City does not impose any specific inheritance or estate taxes beyond those enforced at the federal level.
  • Wills: In Traverse City, to create a valid will, the individual must be at least 18 years old and of sound mind. The will must be in writing, signed by the testator (the person making the will) or in the testator's name by someone else in their presence and at their direction.
  • Trusts: Traverse City recognizes various types of trusts, including revocable living trusts, testamentary trusts, and special needs trusts.
  • Probate: Probate is the legal process of administering the estate of a deceased person. Traverse City has specific procedures and requirements for probate, including filing the necessary documents with the appropriate court.

Frequently Asked Questions:

Q: What is the difference between a will and a trust?

A will only takes effect after your death, while a trust can be effective during your lifetime and after. Trusts also offer privacy and may help avoid probate.

Q: Who should I choose as my executor?

Your executor should be someone you trust and who is willing to fulfill this responsibility. It can be a family member, a close friend, or a professional such as a lawyer or accountant.

Q: What is a power of attorney?

A power of attorney is a legal document that grants someone else (the agent or attorney-in-fact) the authority to make decisions on your behalf if you become incapacitated or are unable to handle your affairs.

Q: Can I change my estate plan once it is created?

Yes, you can update or change your estate plan at any time. It is recommended to review your plan periodically or after major life events such as marriage, divorce, the birth of a child, or changes in your financial situation.

Q: Do I need an attorney to create a healthcare directive?

While it is not mandatory to involve an attorney for creating a healthcare directive like a living will or healthcare power of attorney, it is highly recommended. A lawyer can ensure that your wishes are clearly outlined and that the document complies with local laws.

Additional Resources:

If you need further assistance or information regarding Estate Planning in Traverse City, United States, you may find the following resources helpful:

  • Traverse City Bar Association: The local bar association may provide referrals to reputable Estate Planning lawyers in the area.
  • Michigan Attorney General - Estate Planning: The Michigan Attorney General's website offers useful information and resources related to Estate Planning.
  • Traverse Area District Library: The local library may have books and resources on Estate Planning that can provide additional guidance.

Next Steps:

If you require legal assistance in Estate Planning in Traverse City, United States, follow these steps:

  1. Consider your specific estate planning needs and the complexity of your assets.
  2. Research and contact reputable Estate Planning lawyers in Traverse City for initial consultations.
  3. Prepare a list of questions and documents relevant to your situation to discuss with the lawyer.
  4. During the consultations, evaluate the lawyer's expertise, experience, and communication style to ensure a good fit.
  5. Select an Estate Planning lawyer who understands your goals and can guide you through the process effectively.
  6. Work closely with the chosen lawyer to create or update your estate plan according to your needs and wishes.
  7. Review and update your estate plan periodically or as circumstances change.
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.