Ihrie O'Brien, Attorneys & Counselors

Estate Planning & Probate Attorneys in St. Clair Shores, Michigan

Estate planning can involve decisions about what happens both during a person’s lifetime and after death. Families may need to decide who will manage financial or medical matters during an incapacity, how property should pass to children or other beneficiaries, whether an existing estate plan still reflects current circumstances, or how an estate or trust should be administered after a death.

Ihrie O’Brien assists clients with estate planning, elder law, probate and trust administration, guardianships and conservatorships, and estate litigation from its St. Clair Shores office. The firm’s work ranges from preparing wills, trusts, and powers of attorney to Medicaid planning, estate-tax considerations, and representation when family members disagree over a will, inheritance, or the handling of estate property.

When an Older Estate Plan No Longer Fits

An estate plan created years ago may no longer reflect a person’s family, property, or wishes. A marriage or divorce, changes involving children or other beneficiaries, the acquisition or sale of significant assets, or changes in health can create reasons to revisit documents that were appropriate when they were originally signed.

Ihrie O’Brien prepares wills, living wills, trusts, and powers of attorney and also assists clients with amendments to existing wills and trusts. The firm’s trust work includes living trusts as well as revocable and irrevocable trusts.

Reviewing an existing plan can also involve considering how property will pass and whether probate avoidance is an objective. Rather than treating a will or trust as an isolated document, estate planning can require looking at how the different parts of a client’s plan work together.

Preparing for Incapacity and Medical Decisions

A serious illness, injury, or decline in capacity can leave family members facing important decisions while trying to determine who has legal authority to act. Planning in advance can allow a person to select the people who should handle those responsibilities rather than leaving the issue unresolved until a crisis occurs.

Ihrie O’Brien prepares powers of attorney and medical powers of attorney as part of its estate-planning practice. These documents can address authority over financial and medical matters when a person is unable to make or communicate decisions independently.

The firm also prepares living wills addressing a client’s wishes concerning medical treatment. Considering these issues while someone is able to express personal preferences can provide clearer direction if incapacity later makes direct communication impossible.

Medicaid and Long-Term-Care Planning

Long-term care can create difficult decisions for an older person, a spouse, and adult children. A family may be trying to determine how needed care will be paid for while also understanding what effect those expenses could have on property and savings.

Ihrie O’Brien assists clients with elder-law matters involving Medicaid planning and eligibility. This work can include considering estate-planning and financial strategies when long-term-care needs become part of a family’s circumstances.

These concerns may arise while a person is still able to participate fully in planning or after health has deteriorated and care has become a more immediate issue. The firm’s combination of estate-planning and elder-law services allows long-term-care concerns to be considered alongside the client’s broader plans for property, family members, and incapacity.

Planning for Larger Estates, Gifts and Charitable Goals

Some families have planning concerns that extend beyond preparing a basic will or trust. Ihrie O’Brien advises clients about estate-tax planning, gifting programs, charitable gifts, and other strategies that may become relevant when transferring substantial property or incorporating charitable objectives into an estate plan.

The firm’s trust work includes irrevocable trusts and insurance trusts in addition to living and revocable trusts. The appropriate strategy depends on the client’s circumstances and the objectives the estate plan is intended to accomplish.

For someone considering significant lifetime gifts or charitable giving, these decisions can be coordinated with the larger estate plan rather than handled independently from questions about inheritance and the eventual transfer of remaining property.

Probate and Trust Administration After a Death

After a death, a personal representative or trustee may suddenly become responsible for property and legal obligations that were previously managed by someone else. Even when family members agree about what should happen, administering an estate or trust can involve unfamiliar responsibilities.

Ihrie O’Brien represents clients in probate and trust administration. The firm assists with the legal process involved in settling an estate and also advises trustees responsible for administering property according to the terms of a trust.

The firm handles probate matters in courts throughout Michigan, including Macomb, Wayne, Oakland, and St. Clair counties. Its estate work can also involve circumstances in which probate or estate issues cross state lines.

When a Will or Inheritance Is Contested

Not every estate is settled without disagreement. A family member may question whether a will reflects the deceased person’s actual wishes, whether the person had sufficient mental capacity when a document was signed, or whether someone exerted improper influence over an estate-planning decision.

Ihrie O’Brien represents clients in probate litigation involving contested wills and inheritance disputes. The firm handles claims involving undue influence, incapacity, fraud or forgery, and allegations that an heir or beneficiary was improperly omitted. It represents clients seeking to challenge estate arrangements as well as those defending them.

Disputes can also concern property rather than the validity of a will itself. Ihrie O’Brien handles probate matters involving jointly owned real estate, bank accounts, brokerage accounts, and other assets when family members disagree about ownership or how property should be handled after a death.

Estate litigation may also involve the conduct of a person entrusted with responsibility for another person’s property. When questions arise about whether a fiduciary has fulfilled legal obligations or properly handled estate or trust assets, the dispute may require court intervention rather than routine administration.

Guardianships and Conservatorships

Advance planning is not always completed before someone loses the ability to manage important personal or financial matters. In those circumstances, family members may need to seek legal authority through a guardianship or conservatorship proceeding.

Ihrie O’Brien represents clients in guardianship and conservatorship matters. These proceedings can become necessary when an aging parent or another vulnerable person requires assistance with personal decisions, financial affairs, or both.

Guardianship and conservatorship issues can also become contested when family members disagree about whether protection is necessary, who should be appointed, or how the person’s affairs should be handled. The firm’s probate practice includes representation in disputes involving these proceedings.

Ihrie O’Brien in St. Clair Shores

Ihrie O’Brien has a history dating to 1951 and serves clients from its office in St. Clair Shores. Its practice includes estate planning, elder law, probate and trust matters alongside other areas of civil practice.

The firm also makes accommodations when an elderly client cannot travel to its office, including meeting at another location when necessary and arranging for witnesses or notaries in connection with estate-planning documents.

Practice Areas

• Estate Planning

• Wills

• Living Wills

• Living Trusts

• Revocable Trusts

• Irrevocable Trusts

• Powers of Attorney

• Medical Powers of Attorney

• Elder Law

• Medicaid Planning

• Estate Tax Planning

• Gifting Strategies

• Charitable Estate Planning

• Probate Administration

• Trust Administration

• Probate Litigation

• Will Contests

• Guardianships

• Conservatorships