Law Office of Mark Gatesman

Estate Planning, Probate & Guardianship Attorney in Howell, Michigan

Estate planning often begins with wills and trusts, but some of the most difficult legal problems arise when a family member can no longer make decisions independently. A parent may develop dementia after years of managing everything personally. A stroke may suddenly leave someone unable to handle finances. A family may discover that an adult with developmental disabilities needs continuing assistance with important decisions. After a death, relatives may instead face the unfamiliar responsibility of administering an estate through probate.

Attorney Mark Gatesman handles estate planning, probate, guardianship and conservatorship matters from his Howell law office. His work includes wills and trusts, financial and healthcare powers of attorney, probate administration, and court proceedings involving adults and minors who need assistance.

Planning for More Than What Happens After Death

A will or trust can establish how property should be handled after someone dies, but an estate plan can also prepare for problems that occur during life.

Gatesman assists clients with creating wills and trusts as well as reviewing documents that are already in place. Reviewing an existing plan can be worthwhile as a person's family, property and circumstances change.

An estate plan can also establish who will have authority to help if the person creating the plan becomes unable to handle important matters personally.

Gatesman's estate-planning services include both financial and healthcare powers of attorney. These documents can allow a client to choose trusted people to assist with financial affairs and medical decisions rather than leaving those questions unresolved until an emergency occurs.

When Dementia or a Stroke Changes a Parent's Abilities

A gradual decline from dementia and a sudden incapacity caused by a stroke can lead to the same practical problem: someone who previously managed their own life may no longer be capable of making necessary decisions.

Families often become involved long before there is a court case. An adult child may begin helping a parent with appointments, bills or everyday responsibilities. But informal assistance has limits when legal authority is required.

Gatesman handles guardianship and conservatorship proceedings involving people who have become incapacitated because of conditions including dementia and stroke.

A guardianship can address the need for another person to make personal decisions for an incapacitated individual. A conservatorship addresses authority over financial affairs and property.

These proceedings can become necessary when an individual needs protection or assistance and adequate authority has not already been established through other arrangements.

Why Planning for Incapacity Matters Before the Crisis

The possibility of guardianship or conservatorship illustrates why incapacity planning can be an important part of an estate plan.

A person who is capable of making decisions can use powers of attorney to choose who should act if assistance becomes necessary. That provides an opportunity to make the choice personally and establish authority in advance.

The situation can be very different after someone has lost the ability to make those arrangements.

At that point, relatives may need to turn to the probate court to obtain authority through guardianship or conservatorship proceedings. Instead of the individual privately choosing who should act, the family is dealing with a court-supervised process.

For families concerned about an aging parent's declining abilities, addressing these questions while the parent can still participate can preserve choices that may not remain available later.

Helping a Family Member With Developmental Disabilities

Guardianship issues are not limited to older adults experiencing cognitive decline.

Gatesman's practice also includes guardianships involving adults and minors with developmental disabilities.

Families caring for a person with developmental disabilities may eventually need to consider who has legal authority to make decisions and what level of assistance is appropriate.

For parents, the issue can become particularly important as a child approaches adulthood. The legal relationship between parent and child changes at adulthood even when the child continues to need substantial assistance.

Guardianship proceedings can establish legal authority when continued decision-making assistance is necessary. Because the circumstances and abilities of individuals differ, these matters involve determining the appropriate legal arrangement for the person who needs help.

When a Minor Needs a Guardian

Gatesman also handles limited guardianships involving minors.

A minor guardianship may become necessary when circumstances prevent a parent from providing care and another adult needs legal authority to assume responsibility for the child.

These situations can be difficult for an entire family because they involve both the immediate needs of the child and the legal rights and responsibilities of the adults involved.

A court proceeding can establish who has authority to care for the child and define the legal arrangement under which that care will occur.

When Someone Dies and the Estate Goes Through Probate

After a death, a will does not automatically settle everything.

Property may need to pass through Michigan probate before it can be distributed. Gatesman assists families with the probate process and the administration of deceased persons' estates.

The process can include establishing the validity of a will and obtaining the legal authority necessary to administer the estate.

Estate property then needs to be identified. Assets may need to be inventoried and appraised so the estate has an accurate understanding of what the deceased person owned.

Debts and taxes must also be addressed before the remaining estate can ultimately be distributed.

For the person responsible for the estate, these duties can be unfamiliar and time-consuming. They also begin at a point when that person may be grieving the loss of a parent, spouse or other relative.

Getting From a Will to the Final Distribution

Families sometimes think of probate primarily as reading a will and determining who inherits.

In practice, there can be considerable work between those two points.

The estate needs to establish what property is actually available for distribution. Assets may require valuation. Legitimate obligations of the deceased person and the estate need to be addressed, and taxes may need attention.

Only after the necessary administration has occurred can the remaining property be distributed to the people entitled to receive it.

Gatesman's probate practice encompasses these stages, from dealing with the will and estate property through the eventual distribution of assets.

That assistance can be especially useful for someone serving as the person responsible for an estate for the first time and trying to understand what needs to happen before the estate can be completed.

Estate, Probate and Guardianship Representation in Howell

The Law Office of Mark Gatesman is located on West Grand River Avenue in Howell.

His estate-related practice spans both advance planning and situations in which a family already needs legal intervention. A client may be creating or reviewing a will or trust and establishing financial and healthcare powers of attorney. Another family may be dealing with dementia, stroke or developmental disabilities and need to consider guardianship or conservatorship. After a death, the immediate concern may instead be administering an estate through probate.

Together, these services address several different stages at which families can need legal assistance: planning while someone can make decisions independently, establishing authority when another person needs help, and settling property after someone dies.

Practice Areas

• Estate Planning

• Wills

• Trusts

• Estate Plan Reviews

• Financial Powers of Attorney

• Healthcare Powers of Attorney

• Probate

• Estate Administration

• Adult Guardianships

• Minor Guardianships

• Developmental Disability Guardianships

• Conservatorships