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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 Trusts Law in Traverse City, United States

Trusts are legal arrangements that allow someone, referred to as the "grantor," to transfer their assets to a "trustee" who manages these assets for the benefit of another person or entity, known as the "beneficiary." Traverse City, located in Michigan, follows the trust laws of the state.

Why You May Need a Lawyer

While there are various situations where legal assistance may be needed, here are a few common scenarios:

1. Creating a Trust: A lawyer can guide you through the process of creating a trust, ensuring it is valid and tailored to your specific needs.

2. Trust Administration: If you are named as a trustee, an attorney can assist you in understanding your duties and responsibilities.

3. Trust Disputes: When disputes arise between beneficiaries or trustees, a lawyer can provide legal advice and represent your interests.

Local Laws Overview

Key aspects of local trust laws in Traverse City include:

1. Michigan Trust Code: Traverse City residents should adhere to the regulations outlined in the Michigan Trust Code when creating and administering trusts.

2. Trustee Duties: Trustees are required to act with loyalty, diligence, and impartiality towards beneficiaries. They must manage assets for the beneficiaries' best interests.

3. Testamentary Trusts: Traverse City recognizes testamentary trusts, which go into effect after the grantor's death and are specified in their will.

Frequently Asked Questions

1. What are the benefits of creating a trust in Traverse City?

Trusts offer several benefits, including asset protection, avoiding probate, maintaining privacy, and providing a structured plan for managing and distributing assets.

2. What is the difference between a revocable trust and an irrevocable trust?

A revocable trust allows the grantor to make changes or revoke the trust during their lifetime. Conversely, an irrevocable trust cannot be modified or revoked without the consent of the beneficiaries.

3. Can I serve as both the grantor and the trustee of my trust?

Yes, it is possible to serve as both the grantor and trustee of your trust. However, it is essential to understand the legal obligations and potential tax implications.

4. How does a trust help with estate planning?

Trusts are integral to estate planning as they help minimize estate taxes, ensure a smooth transfer of assets to beneficiaries, and allow for detailed instructions regarding asset management even after the grantor's death.

5. Can a trust become invalid in Traverse City?

Yes, a trust in Traverse City can become invalid if it violates the legal requirements set forth in the Michigan Trust Code or if there are changes in circumstances that make the trust impractical or impossible to fulfill.

Additional Resources

For additional information and assistance, you may find the following resources helpful:

- State Bar of Michigan's Trusts and Estates Section: https://www.michbar.org/programs/tes

- Michigan Trust Code: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-act-386-of-1998

Next Steps

If you require legal assistance or have specific questions regarding trusts in Traverse City, it is advised to:

1. Identify local attorneys experienced in trusts and estate planning.

2. Research their credentials, expertise, and client reviews.

3. Schedule consultations with potential lawyers to discuss your needs.

4. Retain an attorney who can provide you with the necessary guidance and support based on your individual circumstances.

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.