Probate & Estate Attorney Serving Detroit, MI

Few things are more painful than losing someone you love. Often, families that are still mourning the loss of a loved one find themselves needing to deal with the business of administering the estate. When that process is overseen by the courts, it is referred to as probate. The Probate Court in Michigan oversees both simple cases and more complex cases that require significant court involvement. Whether your case is straightforward or more complicated, working with an experienced and compassionate probate lawyer can help make the process easier on you and your loved ones.

The unfamiliar probate process can be very stressful, especially while you are grieving. That stress can be even greater when the deceased person (decedent) did not leave behind a will or other estate plan to make their last wishes clear.

Whether you are trying to navigate the loss of a loved one and settle their estate, plan ahead to create an estate plan of your own, or deal with a legal guardianship or conservatorship, you don’t have to do it without guidance and support; a probate and estate planning lawyer can help. To get the assistance you need, contact J.L. Hawkins Law to schedule a consultation.

Understanding Michigan Estate and Probate Law

In Michigan, estate and probate law covers a number of issues, from what happens to someone’s property after their death, to the settlement of disputes over an estate, to how important decisions get made for people who lack the legal ability to make those decisions for themselves. An estate planning and probate lawyer can guide you through whatever estate or probate-related concerns you are facing, including:

Estate Planning

Every adult should have an estate plan, regardless of how much property they own, or their family structure. Without an estate plan, your estate will be distributed according to Michigan law, which may be very different from what you individually may have wanted. If you have a minor child, you can also name a guardian to care for your child if their other parent isn’t available.

Working with an estate planning lawyer to ensure your wishes are outlined in a legally binding document can also prevent disputes between your loved ones about what your true wishes were. Depending on your circumstances, that document may be a last will and testament (will), a trust, or both. Estate planning also includes planning for the possibility that you may become unable to manage your own affairs due to injury or illness.

Incapacity Planning

If you were to become unable to manage your own personal needs, financial affairs, or make decisions for yourself, incapacity planning gives someone that you personally choose the authority to do those things for you. Incapacity planning oftentimes includes a durable financial power of attorney to let someone you trust manage your financial affairs.

You should also sign a Patient Advocate Designation (PAD), which authorizes someone you trust to make medical decisions on your behalf. Living wills are not legally binding in Michigan, but they can still be useful to help your loved ones understand your preferences about end-of-life care. An experienced estate planning attorney will be able to listen to your situation and help you develop a plan that suits your unique needs.

Guardianship and Conservatorship

If you don’t have an incapacity plan in place and become unable to handle your personal and financial business, your loved ones may need to seek guardianship or conservatorship over you in the probate court to get the legal right to help you. A guardian oversees personal and medical decisions, while a conservator handles one’s financial affairs.

Our law firm works with people seeking guardianship or conservatorship over a loved one, as well as those opposing the appointment of a guardian or conservator for some reason. We also advise guardians and conservators on carrying out their duties.

Probate Law

The process of settling a loved one’s estate after their death can be challenging, especially if you are unfamiliar with the legal requirements involved. Those requirements may vary somewhat based on the size of the estate and the circumstances. Our probate lawyer will help you identify the right probate process for your situation and guide you through your duties in managing the estate with care and sensitivity. We also represent heirs and beneficiaries who have concerns about how the personal representative is managing the estate.

Working with J.L. Hawkins Law on Estate Matters

Planning for your own estate, caring for a disabled family member, or settling a loved one’s affairs can be challenging, both legally and emotionally. Estate attorney Johnny Hawkins is a strong advocate—he’s known as the Warrior Lawyer—but he is also a caring and empathetic legal advisor. He understands what you are going through, and takes the time to listen to your concerns and support you at every stage of the legal process.

Attention to detail is critical in estate matters, where seemingly small errors can have large consequences. Johnny Hawkins is not only an attorney with decades of legal experience; he is also a proud veteran whose time in the U.S. Army taught him the importance of thoroughness, diligence, and preparation. He puts those traits to work for his clients, so they can have peace of mind that their estate matter is being handled properly.