Marke Gilbert & Associates

Estate Planning, Probate & Inheritance Matters in Taylor, Michigan

Estate planning and probate can involve different legal problems at different stages of a family's life. Someone creating a plan may need to decide whether a will or trust better fits their circumstances and who should act during incapacity. After a death, a family member may instead find themselves responsible for administering an estate—or involved in a disagreement over an inheritance.

Marke Gilbert Law, PLLC provides estate planning, probate, and related services from its Taylor office. Attorney Marke Gilbert prepares wills and trusts, powers of attorney and healthcare directives and handles probate and estate administration. His practice also includes contested probate matters, guardianships, conservatorships, and special-needs trusts.

Estate and probate work is part of a broader practice that also includes family law.

Choosing Between a Will and a Trust

A will and a living trust can both establish plans for property, but Marke Gilbert Law advises clients to consider the differences between them.

A will can identify beneficiaries and provide instructions for distributing probate property after death. Parents can also use a will to nominate guardians for minor children.

A revocable living trust offers a different structure. Property properly transferred to the trust can be managed under its terms during the creator's lifetime and transferred through the trust after death rather than through probate. Gilbert's materials also identify privacy as a potential advantage because a trust can operate outside the public probate process.

The firm prepares both revocable and irrevocable trusts rather than treating one document as appropriate for every client. The choice depends on the person's property, family circumstances, and objectives.

Planning for Decisions During an Incapacity

Estate planning is not limited to instructions that take effect after death.

Marke Gilbert Law prepares durable powers of attorney and healthcare directives addressing circumstances in which someone can no longer manage important matters personally.

A durable power of attorney can establish authority for another person to handle financial affairs, while healthcare planning allows the individual to designate someone to address medical decisions.

Putting these documents in place before an illness, injury, or decline in capacity gives the individual an opportunity to select trusted decision-makers while still able to do so.

That lifetime planning complements a will or trust. One part of the estate plan addresses the eventual transfer of property, while another addresses who should have authority if help is needed before death.

Providing for a Beneficiary With Special Needs

Leaving an inheritance requires additional consideration when the beneficiary has a disability or receives government assistance.

Marke Gilbert Law includes special-needs trusts among its estate-planning services. These trusts can provide a structure for managing assets for a beneficiary rather than simply transferring an inheritance directly.

For a family, the concern may be how to provide additional resources for a child or other loved one while taking that person's circumstances and government-benefit eligibility into account.

This changes the planning question from simply identifying a beneficiary to deciding how inherited property should be held and managed for that person's benefit.

When You're Responsible for Settling an Estate

After someone dies, the legal work may shift from planning to administration.

Marke Gilbert Law represents clients in probate and estate administration. A personal representative may need to address the deceased person's property, debts, beneficiaries, and other requirements before an estate can be completed.

The process can be unfamiliar for someone who has never handled an estate before. The person serving as personal representative has legal responsibilities associated with administering property rather than simply distributing possessions among family members.

Gilbert assists clients through the probate process when court administration is necessary, including estates in which property must be transferred to heirs or beneficiaries after a death.

When Family Members Disagree About an Inheritance

Not every estate proceeds without conflict.

Marke Gilbert Law handles probate litigation involving disputes among heirs, beneficiaries, personal representatives, and trustees. 

The firm's materials specifically address situations in which someone believes an inheritance has been improperly withheld or estate-planning documents do not clearly establish what should happen.

A dispute may involve an ambiguous will or disagreements over how its terms should be interpreted. Other cases can involve allegations that a trustee has improperly taken or handled trust property.

Gilbert represents heirs and beneficiaries asserting inheritance-related claims as well as trustees and personal representatives accused of failing to carry out their responsibilities properly.

These cases differ substantially from routine probate administration because the court may need to resolve competing claims before the estate or trust can move forward.

When There Are Concerns About the Person Managing an Estate or Trust

A trustee or personal representative may control property in which other people have a financial interest.

That responsibility can become a source of conflict when beneficiaries believe assets have been mishandled or the fiduciary has failed to carry out required duties. Conversely, a trustee or personal representative may need representation when accused of misconduct.

Marke Gilbert Law represents parties on both sides of these disputes.

This part of the practice is particularly relevant when the problem is no longer simply determining what an estate-planning document says. Instead, family members may disagree about whether the person entrusted with implementing those instructions has handled the property appropriately.

When a Loved One May Need a Guardian or Conservator

Marke Gilbert Law also handles guardianship and conservatorship proceedings involving people who may no longer be able to manage personal or financial matters independently.

The firm's materials specifically discuss circumstances involving developmental disabilities and Alzheimer's disease.

These cases can involve questions about whether a guardian is necessary and who should serve. Gilbert also handles disputes concerning existing guardians, including proceedings in which someone seeks to have a guardian removed.

Guardianship and conservatorship matters can therefore range from establishing needed authority to contested proceedings involving disagreement among family members or other interested parties.

Estate and Probate Representation in a Broader Practice

Marke Gilbert Law combines estate planning and probate with a substantial family-law practice.

Its estate services range from advance planning through wills, trusts, powers of attorney, healthcare directives, and special-needs trusts to post-death probate administration and contested inheritance matters.

That combination means the firm works with clients before a problem occurs as well as families already dealing with an estate, fiduciary dispute, guardianship, or conservatorship proceeding.

Serving Taylor and Metro Detroit Communities

Marke Gilbert Law is located at 20600 Eureka Road, Suite 620 in Taylor. The firm expressly serves clients in Taylor, Detroit, Southgate, Wyandotte, Riverview, Lincoln Park, Allen Park, Trenton, Grosse Ile, Woodhaven, Romulus, Wayne, Westland, Livonia, Dearborn, Brownstown, Dearborn Heights, and other Metro Detroit communities.

The firm's stated service area also includes Wayne, Monroe, Washtenaw, Macomb, and Oakland counties.

Practice Areas

• Estate Planning

• Wills and Codicils

• Revocable Trusts

• Irrevocable Trusts

• Living Trusts

• Special-Needs Trusts

• Durable Powers of Attorney

• Healthcare Directives

• Probate

• Estate Administration

• Probate Litigation

• Inheritance Disputes

• Trust Disputes

• Guardianships

• Conservatorships