Southfield Wills & Probate Lawyer, Michigan

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Marc L. Shreeman Lawyer

Marc L. Shreeman

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Divorce & Family Law, Accident & Injury, Estate, Wills & Probate, Litigation

Born, raised, and educated in Detroit, I graduated from Wayne State University Law School in 1986. I founded my law practice in 1990 and have provided... (more)

Jamie R. Ryke Lawyer

Jamie R. Ryke

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Estate, Estate Planning, Wills & Probate, Trusts
A Lawyer Who Treats You Like Family in Your Time of Need

Mr. Ryke is an Estate Lawyer proudly serving Southfield, Michigan and the neighboring communities.

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William R. Orlow Lawyer

William R. Orlow

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Bankruptcy & Debt, Wills & Probate, Real Estate, Accident & Injury, Car Accident

William Orlow is a practicing lawyer in the state of Michigan.

Judy C. Coleman Lawyer

Judy C. Coleman

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Estate, Wills & Probate, Criminal, Divorce & Family Law, Elder Law

Judy Coleman, J.D., graduated with a Juris Doctor from the University of Detroit School of Law in 1990 after completing undergraduate work at the Univ... (more)

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Carine J. Hails

Wills, Wills & Probate, Family Law, Divorce
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Joel S. Golden

International, Wills & Probate, Estate Planning, Business
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Susan M. Sutton

Wills & Probate, Estate Planning, Estate
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Shirley A. Kaigler

International, Wills & Probate, Estate Planning, Civil & Human Rights
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Colleen E. Tower

Banking & Finance, Wills & Probate, Construction, Corporate
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Business Organization, Family Law, Wills & Probate, Collaborative Law
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LEGAL TERMS

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

TITLE COMPANY

A company that issues title insurance.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

ADMINISTRATOR

A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone t... (more...)
A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone to carry out this task. administrator ad litem A person appointed by a probate court to represent an estate during a lawsuit. (Ad litem is Latin for 'during the litigation.') An administrator ad litem is appointed only if there is no existing executor or administrator of the estate, or if the executor or administrator has conflicting interests. For example, Jerry's will leaves most of his property to his brother, Jeff, and also names Jeff as executor of the will. But Jerry's sister, Janine, feels that Jerry made the will under improper pressure from Jeff, and brings a lawsuit to challenge it. The court appoints an administrator ad litem to represent Jerry's estate while the lawsuit is in progress. Also known as administrator ad prosequendum, meaning administrator 'during the prosecution.' administrator ad prosequendum See administrator ad litem.administrator cum testamento annexo See administrator with will annexed. administrator de bonis non (DBN) Latin for 'administrator of goods not administered.' This term refers to the person appointed by a probate court to finish probate proceedings when the executor or previous administrator can't finish the job.administrator de bonis non cum testamento annexo (DBNCTA) A baffling title for an administrator appointed by a probate court to take over probate proceedings when the named executor dies, leaving the job unfinished.administrator pendente lite Latin for 'administrator pending litigation.' This term refers to the person appointed by a court to begin probate proceedings during a lawsuit that challenges the will. The administrator pendente lite takes an inventory of the deceased person's property and handles the business affairs of the estate until the dispute is settled. Also called a special administrator.administrator with will annexed An administrator who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve. Also called administrator cum testamento annexo or CTA, the Latin version of 'with the will annexed.'

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

SAMPLE LEGAL CASES

In re Temple Marital Trust

... Wallace Temple, Petitioner-Appellant, v. Clinton Probate Court Ralph Temple and Dean Temple, Respondents-Appellees. Docket No. 273911. ... Petitioner petitioned the probate court to construe the trust as not allowing Clarence to amend it after Florence's death. . . . ...

In re Smith Trust

... The respondent refused to sell the property to the petitioners. The petitioners filed a petition in the Sanilac County Probate Court, seeking to compel the sale of the land pursuant to the lease agreement. ... As a result, the probate court held that no enforceable agreement existed. ...

In re Kostin Estate

... In Docket No. 272767, respondent Camille A. Kent appeals as of right the probate court's judgment and order following a bench trial, interpreting a will and trust, determining heirs and devisees, and determining title to property after decedent Juanita Kostin's death in 2004. ...