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Probate

Probate

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Probate

Grand Rapids Probate Attorneys

At the Van Den Heuvel Law Office, our legal team can efficiently and effectively guide clients through the probate process. We understand this is a difficult time, so we approach your family matters with compassion and professionalism. Administering an estate involves resolving the deceased’s financial matters, including assessing assets, paying debts, and distributing the remaining assets to the intended beneficiaries. We have the knowledge and skills to assist you at every step. Don’t carry this burden by yourself. We’re here to help.

What is Probate?

Probate is the administration of a deceased person’s estate.  If a person dies leaving a valid will, then the estate is distributed in accordance with the provisions in the will. If a person dies without a will, this is called dying “intestate,” and the property must be distributed in accordance with the provisions of the state’s “intestate succession” law.

When the estate is opened, a personal representative (formerly called the executor or administrator) is appointed to administer the estate, which means signing the documents, paying the deceased’s debts, and distributing the property.

The Probate Process

Probate is the court-supervised legal procedure that determines the validity of wills. It affects some, but not all, aspects of your estate. Non-probate assets, like a life insurance policy, are paid directly to the beneficiary designated in your policy. Upon your death, your will is filed with the probate court and its validity is determined. All property, debts, and claims of the estate are inventoried and appraised. All valid claims of the estate are collected, and the remainder is distributed to beneficiaries according to the will.

The probate process can be time-consuming and expensive. With proper estate planning, you can avoid the probate process and save your family from having to deal with this burden.

Who We Work With

Our probate services cover a wide range of client situations. We regularly assist:

  • Executors and personal representatives who need guidance administering an estate and fulfilling their legal duties.
  • Heirs and beneficiaries who have questions about how assets will be distributed or who suspect a will may not reflect the decedent’s true intentions.
  • Family members of those who died without a will and whose assets must be distributed under Michigan’s intestate succession laws.
  • Individuals facing guardianship matters where a court-appointed guardian is needed to manage the personal care or financial affairs of an incapacitated adult or minor.
  • Parties involved in probate disputes, including will contests, fiduciary disagreements, or allegations of elder financial abuse.

No matter where you fall in this process, our team is ready to work with you.

Prepared to Handle All Types of Probate Litigation

Beneficiary disputes and probate litigation can involve a wide array of issues such as:

  • Forgery of a deed or other document
  • Coercion of an elderly person
  • Issues involving mental capacity
  • Confusion regarding the interpretation of a will
  • Misallocation of family assets
  • Questions regarding a will’s validity
  • Mismanagement of a trust
  • Abuse of fiduciary responsibilities

If you are looking for an attorney who is there to assist you with the emotional turmoil of fighting with family members, contact the Van Den Heuvel Law Office. Whether you have a fiduciary dispute or a will contestation, we use every resource available to achieve a positive result for you.

Guardianships in Michigan

Guardianship is the process of appointing a responsible person to look after the personal care and financial affairs of someone unable to do so on their own. These procedures are most often used in connection with an older adult whose medical condition has made independent decision-making impossible. A guardian can be appointed by the probate court to manage the interests of an accident victim, a developmentally disabled adult, or a minor who comes into a substantial amount of money in his or her own name. A guardian is responsible for making the best decisions involving the ward’s financial, physical, and mental protection.

Why Choose Van Den Heuvel Law Office?

Several things set our firm apart. Here’s how you know you can trust our team with your probate legal needs:

  • Decades of proven experience handling straightforward and contested estate matters throughout Michigan.
  • Tenacious representation that prioritizes your rights and puts every available resource toward a positive result.
  • Creative legal strategies for cases that other attorneys may turn away.
  • Flexible scheduling, including after-hours and Skype consultations by appointment.

Schedule an Initial Consultation with a Probate Attorney

Probate does not have to be a burden you carry alone. Our team at Van Den Heuvel Law Office is prepared to guide you through every stage of the process with skill and dedication. Request a free consultation online to speak with one of our experienced probate attorneys.

Frequently Asked Questions About Probate in Michigan

What is probate?

Probate is the court-supervised legal process of validating a deceased person’s will, paying outstanding debts, and distributing remaining assets to beneficiaries.

Does every estate go through probate?

No. Assets with named beneficiaries, jointly owned property, and assets held in a trust typically pass outside of probate.

How long does the probate process take?

Most estates take between six months and a year to close, though contested matters can take longer.

What happens if someone dies without a will?

The estate is distributed according to Michigan’s intestate succession laws, which prioritize spouses, children, and other close relatives.

Who serves as personal representative?

The will typically names a personal representative. If there is no will, the probate court appoints one, often a close family member.

Contact a Knowledgeable Grand Rapids Attorney

For An Initial Consultation

To talk with our attorney about your legal concerns, contact the Van Den Heuvel Law Office by calling 616-698-0000. You may also complete our online contact form. After-hours consultations are available by appointment. We are also available on Skype by appointment.

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