Butler, Toweson & Payseno

Estate Planning, Probate and Trust Litigation Attorneys in Parchment, Michigan

Butler, Toweson & Payseno assists individuals and families with estate planning, probate and disputes involving trusts or estates. The firm also handles business planning and formation, along with a broader range of family, financial and litigation matters.

Estate planning involves identifying what someone owns and deciding how that property should be handled after death. An estate may include a home, bank and investment accounts, insurance benefits, annuities, retirement plans, business interests and personal property. The plan may need to account for how debts will be paid as well as how the remaining assets will be distributed.

The appropriate plan depends on the property involved and the family’s objectives. Wills, trusts and gifts can serve different purposes, while tax concerns or a desire to limit probate-court involvement may affect the overall structure.

The firm also assists families after a death. That work may involve navigating Michigan probate requirements, determining what property belongs to the estate or addressing a disagreement involving a will, trust or the actions taken during administration.

When a Family Needs to Decide What Happens to Its Property

A person may have clear ideas about who should receive particular property but no legally established plan for carrying them out. Without appropriate planning, Michigan law may control the distribution of probate assets.

Creating an estate plan requires more than listing beneficiaries. The person preparing the plan may need to consider whether particular assets have existing beneficiary designations, how debts and expenses will be handled and whether property should pass immediately or remain under continuing management.

A will can provide instructions for probate property, while a trust can hold and distribute property under its own terms. Gifts made during life may also be part of a larger plan. Butler, Toweson & Payseno works with wills, trusts and other estate-planning concerns, including tax considerations and possible probate-court involvement.

These decisions may need another look when a family’s circumstances change. New property, a marriage, divorce, death in the family or changing relationships can affect whether an earlier plan still reflects the owner’s intentions.

When Illness Prevents Someone From Making Decisions

Estate planning can also address what happens while someone is alive. An illness, injury or decline in health may leave an individual unable to manage financial or personal matters independently.

A power of attorney allows one person to grant legal authority to another. The document can identify someone who may act when health problems prevent the individual from making or carrying out decisions.

Choosing that person can be a significant family decision. The individual may want someone who is available, trustworthy and capable of handling detailed responsibilities. Family members may also benefit from knowing in advance who has been selected rather than trying to resolve the question during a crisis.

The scope and operation of a power of attorney depend on its terms. Preparing the document as part of an estate plan allows the individual to consider lifetime decision-making alongside plans for property after death.

After a Death, the Family May Have to Navigate Probate

Probate is the legal process used to address certain property after someone dies. It can include establishing that a will is valid, identifying the deceased person’s assets and carrying out the steps required to administer the estate.

The person responsible for the estate may be dealing with real estate, financial accounts, insurance benefits, retirement assets and personal belongings. The family may also need to determine which debts and expenses must be paid before property can be distributed.

Michigan’s Estates and Protected Individuals Code governs estate matters both inside and outside probate court. For someone who has never administered an estate, the legal requirements and terminology may be difficult to interpret while the family is also coping with the death.

Butler, Toweson & Payseno assists people planning their estates and those trying to navigate the system after a loved one has died. That continuity can be useful whether the deceased person left a detailed plan or the family must determine what to do with limited instructions.

When Beneficiaries Disagree About a Will or Trust

Not every estate or trust can be administered without conflict. Beneficiaries may disagree about what a document means, whether it reflects the deceased person’s intentions or how property is being managed.

A dispute may involve a will, a trust or decisions made during the probate process. Family members may have different expectations about an inheritance, or one person may believe that the administrator is not following the governing documents.

Butler, Toweson & Payseno handles trust and probate litigation. Its broader civil and appellate practice may also become relevant when an estate dispute requires contested court proceedings or review of a lower-court decision.

Estate litigation can reduce the property available for distribution and deepen existing family divisions. Understanding the governing documents, the history of the estate and the specific action being challenged is necessary before deciding how the dispute should be addressed.

When Debts and Creditor Issues Affect an Estate

An estate plan must consider obligations as well as assets. Someone may want particular property to pass to family members, but valid debts and administration expenses may need to be resolved before the intended distributions can occur.

Creditors can also complicate probate. The person administering the estate may need to determine which claims are valid and how they affect the property available to beneficiaries. If the estate contains limited liquid assets, property may need to be sold or otherwise managed to satisfy its obligations.

Butler, Toweson & Payseno identifies payment of debts and creditor concerns as part of estate planning. The firm also practices in bankruptcy and civil litigation, providing a broader context for financial and disputed-claim issues when they overlap with an estate.

These concerns make it important to develop a realistic plan based on both what the person owns and what may be owed. A distribution plan that does not account for debts, taxes and expenses may not operate as the family expects.

A Business Owner May Have Personal and Company Planning Needs

For a small-business owner, personal and business concerns are often connected. An ownership interest may be one of the person’s most valuable assets, while the company may depend heavily on that individual’s work and decision-making.

Butler, Toweson & Payseno assists with limited liability companies, professional corporations, small-business incorporations and other formation documents. Its business services also include contracts, leases, property purchases, licensing and franchise agreements, loan documents and insurance-related matters.

Business planning does not automatically establish what will happen to an ownership interest after death. The owner may still need to consider how the interest fits within a will, trust or other estate arrangement.

Coordinating personal and business documents can help clarify which arrangements govern the company and which govern the owner’s estate. The necessary planning depends on the business structure, governing agreements and the owner’s goals.

Serving Parchment, Greater Kalamazoo and Southwest Michigan

Butler, Toweson & Payseno is located in Parchment, approximately three miles north of the Kalamazoo County Courthouse. The firm serves clients throughout the greater Kalamazoo area and throughout Southwest Michigan, including clients living along the lakeshore and in inland communities. 

Practice Areas

• Estate Planning

• Wills, Trusts & Powers of Attorney

• Probate

• Trust & Probate Litigation

• Estate Tax & Creditor Planning

• Business Planning & Formation