Law Office of Monica J. Copeland

Estate Planning & Probate Attorney in Howell, Michigan

Estate planning can become much harder when a family waits until a crisis to address it. A parent may begin losing the ability to manage finances. Someone hospitalized unexpectedly may be unable to communicate healthcare wishes. A family may discover that no one has authority to act for an incapacitated relative. And an estate plan signed late in life can sometimes lead to questions about whether the person understood what they were signing or was being influenced by someone else.

The Law Office of Monica J. Copeland helps families address these issues from its downtown Howell office. Attorney Monica J. Copeland has practiced law since 1996 and has operated her own firm since 2002. Her practice includes estate planning, probate, guardianships and conservatorships, along with family law.

Waiting Until Capacity Is Questionable Can Create New Problems

Estate planning is easiest when someone is able to consider options, make decisions and clearly communicate what they want.

As health declines, that can change.

Copeland emphasizes the importance of addressing estate planning before illness or diminished capacity raises questions about whether someone can legally execute new documents. 

Waiting until a parent or other relative is seriously impaired can also create suspicion within a family about why an estate plan was suddenly changed and who may have influenced those decisions.

Planning earlier gives an individual greater opportunity to make choices independently and document those wishes before a medical or cognitive crisis complicates the situation.

Copeland also reviews existing estate plans. Major changes in a person's family, relationships, property or circumstances can provide a reason to reconsider documents prepared years earlier.

When Nobody Has Authority to Help an Incapacitated Parent

Families sometimes assume an adult child can simply take over when a parent becomes unable to manage important affairs. Legally, it may not be that simple.

Copeland prepares durable powers of attorney that allow clients to designate someone to handle financial matters. Establishing that authority in advance can become particularly important if illness or incapacity eventually prevents the individual from managing those matters personally.

Without adequate advance arrangements, a family may need to seek authority through the probate court.

Copeland handles guardianships and conservatorships when court intervention becomes necessary. Guardianship can address personal decision-making for an incapacitated person, while a conservatorship can provide authority to manage financial affairs and property.

The difference can be substantial for a family. Advance planning allows someone to choose whom they trust while they are able to make that decision. A guardianship or conservatorship requires a court proceeding after the need for assistance has already arisen.

Who Will Make Medical Decisions for You?

Financial authority is only one part of planning for incapacity.

Copeland prepares patient advocate designations that allow clients to identify the person they want making healthcare decisions if they cannot make those decisions themselves. Her estate-planning work also includes living wills addressing medical and end-of-life wishes.

These documents can provide important guidance during a medical emergency. Rather than forcing relatives to guess what their loved one would have wanted, the individual can address those decisions beforehand.

Copeland also raises a particularly practical issue for veterans. A veteran may have healthcare documents associated with the VA system but later receive emergency treatment somewhere else. Estate and incapacity planning can consider whether appropriate authority is in place for medical decisions outside that system as well.

What Happens to the House?

For many families, the house is one of the most important assets in an estate.

Copeland's estate-planning practice includes Lady Bird deeds and survivorship deeds as potential tools for addressing real estate.

A Lady Bird deed can provide for property to transfer at death while allowing the owner to retain significant control during life. In appropriate circumstances, this can provide a way of transferring a home without requiring that particular property to pass through probate.

The issue can be especially important for an older parent whose children are likely to be responsible for dealing with the home later. Planning for the property beforehand can reduce the number of unresolved ownership questions confronting the family after a death.

Real estate should also be considered alongside the rest of an estate plan rather than as a completely separate asset. How property is titled can affect what happens to it regardless of what other estate-planning documents provide.

Divorce Is a Reason to Revisit an Estate Plan

Copeland's family-law and estate-planning practices intersect in an important situation: divorce.

An estate plan created during a marriage may name a spouse for several different roles. That person may be included not only as a beneficiary but also as the individual authorized to handle financial or healthcare decisions.

After a divorce, those choices may no longer reflect what the client wants.

Copeland advises clients to review estate-planning documents after divorce, including powers of attorney and patient advocate designations.

The same principle applies more broadly after significant family changes. An estate plan is a record of decisions made at a particular point in someone's life. When relationships and responsibilities change, the plan may need to change with them.

Planning for Pets After an Owner Can No Longer Care for Them

Estate planning can also address family members that traditional inheritance documents might otherwise overlook: pets.

A pet owner may be concerned about who will care for an animal after the owner's death or what happens if illness or incapacity makes continued care impossible.

Copeland addresses pet planning through tools including trusts and limited powers of attorney.

For someone who lives alone with an animal, incapacity can be just as important to consider as death. A plan can address who should have authority to step in and make arrangements for the pet if the owner is suddenly hospitalized or otherwise unable to provide care.

Don't Forget About the Property That Exists Online

A modern estate can include property and information that relatives cannot find by searching a house or opening a filing cabinet.

Email accounts, social-media profiles, online shopping accounts and other digital assets can continue to exist after someone becomes incapacitated or dies.

Copeland incorporates digital-asset considerations into estate planning, including questions about who should have authority to access or manage online accounts.

This can prevent another practical problem for families: knowing that important information or accounts exist but discovering that no one has clear authority to deal with them.

Including digital property in the planning conversation recognizes that a person's affairs increasingly extend beyond traditional physical and financial assets.

When a Family Member Dies Without a Will

Copeland's practice extends beyond planning documents to the probate process after death.

She handles estates in which someone died with a will as well as intestate estates, where the deceased person left no valid will directing the distribution of probate property.

When there is a will, the probate process can include establishing the document and appointing the appropriate personal representative. Without a will, Michigan law plays a greater role in determining who is entitled to inherit.

Either situation can leave a surviving relative responsible for unfamiliar legal duties.

The existence of a will does not by itself complete the administration of an estate. Someone still needs authority to act, and estate property must be properly handled before the administration can be completed.

Being Personal Representative Means Taking Responsibility for an Estate

A personal representative may need to locate and gather the deceased person's assets, determine what belongs to the estate and comply with probate requirements and deadlines.

That responsibility can be significant when the deceased person owned a home, financial accounts, personal belongings and other property.

Copeland assists personal representatives with probate and estate administration, including the work required to marshal estate assets and move the estate through the court process.

For someone handling a parent's or spouse's estate, these responsibilities arrive during a period that is already emotionally difficult. Probate adds deadlines and legal obligations to a situation in which family members may still be trying to understand the deceased person's finances and property.

Legal guidance can help the personal representative understand what needs to be done and the responsibilities that come with the appointment.

Planning for Mental Health Concerns

Copeland also addresses estate planning for individuals and families who have experience with the mental-health system.

Her professional background includes serving as a guardian ad litem for vulnerable adults, and her estate-planning practice recognizes that mental-health circumstances can affect planning for decision-making and future assistance.

The appropriate arrangements depend on the individual rather than simply the existence of a diagnosis or prior treatment.

For families concerned about a loved one's ability to manage important decisions now or in the future, planning can involve determining what authority should be established and who should be trusted to exercise it if assistance becomes necessary.

Estate Planning and Probate in Downtown Howell

The Law Office of Monica J. Copeland is located on North State Street in downtown Howell.

Copeland's combination of estate planning, probate, guardianship, conservatorship and family-law work gives the practice a particular focus on legal problems that can emerge as families change over time.

For one family, the immediate need may be establishing financial and healthcare authority before a parent's health declines further. For another, it may be changing an estate plan after divorce, arranging for a pet, transferring a home, or making sure someone can deal with digital accounts. After a death, the focus may shift to probate and the responsibilities of administering the estate.

Addressing these issues before a crisis can give individuals more control over the decisions that affect their property, healthcare and families.

Practice Areas

• Estate Planning

• Wills

• Trusts

• Estate Plan Reviews

• Durable Powers of Attorney

• Patient Advocate Designations

• Living Wills

• Beneficiary Designation Planning

• Lady Bird Deeds

• Survivorship Deeds

• Pet Planning

• Digital Asset Planning

• Probate

• Estate Administration

• Intestate Estates

• Guardianships

• Conservatorships

• Mental Health-Related Estate Planning