Lennon Miller

Estate Planning, Trust Administration and Business Succession Attorneys in Kalamazoo, Michigan

Lennon Miller helps individuals, families and business owners plan for the transfer and management of their property. Its estate practice includes wills, trusts, elder law, tax planning, trust administration, and healthcare and financial powers of attorney. Related business and real-estate services allow the firm to address property that may require additional planning, including a family business or real estate that must be sold during estate administration.

A family may need to decide who should inherit its property, who should manage a trust, and who can make important decisions if a parent or spouse becomes unable to act independently. The appropriate arrangements depend on the people, property and responsibilities involved. A straightforward plan may center on a will and powers of attorney, while another family may need one or more trusts, tax planning, or provisions for charitable gifts.

Lennon Miller’s primary office is in downtown Kalamazoo. The firm also has an office in Howell and represents clients throughout Michigan, with particular references to serving Southwest Michigan and surrounding areas.

When a Family Needs More Than a Will

A will can provide directions for property passing through an estate, but it may be only one part of a family’s plan. Trusts, beneficiary designations, property ownership and powers of attorney can all affect what happens during incapacity and after death.

A trust may be appropriate when property needs to be managed over time rather than distributed immediately. Parents may want an inheritance held until a child reaches a particular age. A family may also be concerned about how a beneficiary will manage a substantial inheritance or may want to place conditions around how the property can be used. Trust planning can establish who will manage the assets and explain how and when distributions should be made.

Tax considerations can also influence an estate plan, particularly when a family has accumulated substantial property, owns a business or wants to leave assets to charitable organizations. Lennon Miller’s estate services include tax planning as well as planning for transfers to family members, friends and charities.

Who Will Handle Financial and Healthcare Decisions?

Estate planning is not limited to what happens after death. An accident, illness or cognitive decline can leave someone unable to manage finances, communicate with healthcare providers or make medical decisions. Without advance planning, family members may be uncertain about who has authority to act.

Healthcare and financial powers of attorney allow a person to select trusted decision-makers in advance. The person chosen to manage finances may need to pay household expenses, communicate with banks, address insurance matters or protect property while the individual is incapacitated. A healthcare representative may need to speak with doctors and make decisions based on the instructions contained in the planning documents.

These choices deserve careful consideration. The person best suited to provide day-to-day support is not necessarily the person best equipped to manage investments, business interests or complicated financial affairs. Families can use the planning process to divide responsibilities when appropriate and provide clearer instructions before an emergency occurs.

When a Trust Must Be Administered

Creating a trust is only the beginning of the arrangement. When the person who established it dies or can no longer manage the property, the successor trustee must carry out the trust’s instructions. That responsibility can involve much more than distributing money among beneficiaries.

A trustee may need to identify and value trust property, maintain records, address expenses, communicate with beneficiaries, coordinate tax matters and determine when distributions should occur. If the trust owns a house or other real estate, the trustee may also have to maintain, transfer or sell the property.

Trust administration can become especially difficult when family members disagree about the timing of a sale, the meaning of a trust provision or the way property is being managed. Even in a cooperative family, a first-time trustee may be handling unfamiliar legal and financial obligations while also grieving. Lennon Miller assists with trust formation and administration, helping connect the original plan with the work required to carry it out.

A Family Business Needs a Plan for Its Next Chapter

For many owners, a closely held business represents decades of work as well as a major portion of the family’s financial security. The business may support several generations, employ relatives or provide much of the owner’s expected retirement income. Its future therefore cannot always be addressed adequately through a simple gift in a will.

Succession planning considers what should happen when an owner retires, dies, becomes incapacitated or decides to sell. The intended successor might be a child who already works in the company, several family members with different roles, another owner or an outside purchaser. Each possibility raises questions about control, valuation, financing and the treatment of family members who will not participate in the business.

Planning may involve restructuring the company, preparing for a sale or transfer, and taking steps intended to retain the value the owner has built. Lennon Miller combines business succession work with services involving entity structure, governance, contracts, mergers and acquisitions, and closely held companies. This allows the ownership transition to be considered alongside the family’s estate-planning goals.

When an Estate or Trust Includes a House

A parent’s home can be both a valuable asset and a place with considerable emotional importance to the family. After the owner dies, the personal representative or trustee may have to determine whether the property should be transferred to a beneficiary or prepared for sale.

Practical issues can arise quickly. Someone may need to maintain the house, address insurance and taxes, examine the title, remove personal belongings and decide when to list the property. Family members may disagree about whether to keep it, and a beneficiary who wants the house may need to account for the interests of other beneficiaries.

Lennon Miller’s real-estate practice includes assisting personal representatives and trustees with property sales during the administration of a deceased person’s affairs. Its broader real-estate work includes purchases and sales, title matters, mortgages, land contracts, easements, boundary disputes and zoning concerns. Those capabilities may be useful when inherited property presents an issue that extends beyond the basic administration of the estate or trust.

Reviewing the Plan as the Family Changes

An estate plan is based on the family, property and responsibilities that exist when it is prepared. Those circumstances may change. Children grow older, relationships change, property is bought or sold, and the people originally selected to manage financial or healthcare matters may no longer be the most appropriate choices.

A business owner may begin considering retirement. A family may acquire real estate or experience a substantial change in its finances. Aging parents may become more concerned about incapacity and the practical help they will need. An existing will, trust or power of attorney may deserve another look when changes like these affect the assumptions behind the plan.

Reviewing the documents gives a family an opportunity to confirm that the selected decision-makers, beneficiaries and distribution instructions still reflect its wishes. It can also reveal whether newly acquired property or a developing business-succession issue requires additional planning.

Practice Areas

• Wills and estate planning

• Trust formation

• Trust administration

• Elder law

• Tax planning

• Healthcare powers of attorney

• Financial powers of attorney

• Charitable planning

• Business succession planning

• Business formation and governance

• Closely held business transactions

• Real-estate purchases and sales

• Estate- and trust-related real-estate matters