McAvoy and Reid

Estate Planning & Probate Attorneys in Canton, Michigan

Estate planning can involve much more than deciding who receives property after death. Parents may need to choose someone to care for minor children, homeowners may want to keep a house out of probate, and adults of any age may need to decide who could handle financial or medical matters if an illness or injury leaves them unable to act for themselves.

McAvoy & Reid assists Michigan families with estate planning, probate and estate administration, trust administration, guardianships, conservatorships, and related real estate matters. The firm's estate planning services include wills, revocable and irrevocable living trusts, financial and medical powers of attorney, living wills, patient advocate designations, and planning intended to avoid unnecessary probate.

The Canton firm has helped clients with legal matters since 2003. Attorney Christina M. Reid focuses on probate, trust administration, and estate planning, while Christopher McAvoy's more than 20 years of practice also includes probate and estate planning.

Choosing Who Would Care for Minor Children

For parents of young children, preparing a will is not simply about dividing money or property.

McAvoy & Reid advises parents on using a will to nominate the person they would want to serve as guardian for minor children if the parents are no longer able to care for them. Making that choice in advance gives parents an opportunity to identify someone they trust rather than leaving the issue entirely unresolved.

There is also a separate question of what happens to money or property left for a child who is too young to manage an inheritance independently. The firm uses trusts as part of estate planning for minor children, allowing parents to establish arrangements for how inherited funds will be managed.

Those decisions can make estate planning particularly important for younger families who may not think of themselves as having a large or complicated estate. The need to plan for children can exist regardless of how much property the parents currently own.

Planning for a Financial or Medical Crisis During Your Lifetime

A will deals primarily with what happens after death. It does not solve the problem of who can act for someone who is still alive but unable to make decisions.

McAvoy & Reid prepares financial and medical powers of attorney as part of its estate planning practice. These documents allow a person to designate someone to make financial or healthcare decisions if disability prevents the individual from handling those matters personally.

That can become important unexpectedly. An accident, serious illness, or decline in capacity can leave bills, accounts, property, and healthcare decisions requiring attention even though the person who ordinarily handles them cannot do so.

Advance planning can also affect whether a family later needs to seek authority through a guardianship or conservatorship proceeding. The firm therefore treats incapacity planning as part of an estate plan rather than focusing exclusively on what happens after death.

When a Will Alone Won't Keep an Estate Out of Probate

One of the misconceptions McAvoy & Reid addresses is the belief that having a will means an estate will avoid probate.

A will can state how probate property should be distributed and nominate a personal representative to administer the estate, but it does not itself keep those assets out of probate. The probate court ultimately appoints the personal representative and provides the legal authority necessary to act for the estate.

For clients who want to reduce the property that will require probate, the firm evaluates other methods of transferring assets. These can include a properly funded trust, beneficiary designations, certain forms of joint ownership, and Lady Bird deeds for Michigan real estate.

The appropriate arrangement depends on the assets involved and what the owner wants to accomplish. That makes the way property is titled and beneficiaries are designated just as important as having estate planning documents in place.

When a Trust Exists but the Assets Were Never Transferred Into It

Creating a revocable living trust does not automatically mean that everything a person owns will avoid probate.

McAvoy & Reid specifically addresses the importance of funding a trust. Assets intended to be governed by the trust generally need to be titled appropriately during the owner's lifetime. If an asset remains solely in the deceased person's name without another mechanism for transferring it, that asset may still require probate.

This can become an unpleasant surprise for a family that discovers a trust after someone's death and assumes the entire estate can immediately be handled by the successor trustee.

For people who already have trusts, reviewing how major assets are actually owned can therefore be an important part of maintaining the estate plan. The documents and the ownership of the property need to work together for the plan to operate as intended.

Before Adding a Child's Name to a House or Bank Account

Families sometimes try to create their own probate-avoidance plan by simply adding an adult child or another relative to a house, bank account, or other property.

McAvoy & Reid cautions against using joint ownership as an automatic solution. Once another person becomes an owner, that person's financial and legal problems can potentially affect the jointly owned property. The firm's materials specifically discuss risks involving lawsuits, bankruptcy, and unpaid taxes.

Adding a child to a house can also give that child ownership rights during the parent's lifetime when the parent's actual goal was simply to arrange for the property to pass after death.

The firm instead advises clients to consider estate planning tools appropriate to the particular asset and objective. Depending on the circumstances, those options may include powers of attorney, trusts, beneficiary arrangements, or a Lady Bird deed rather than transferring present ownership merely for convenience.

Using a Lady Bird Deed to Pass a Michigan Home

A home is often one of the largest assets a family needs to address in an estate plan, and McAvoy & Reid regularly prepares deeds as part of its real estate practice.

The firm uses Lady Bird deeds, also known as enhanced life estate deeds, as one option for transferring Michigan real estate outside probate. The deed can identify who will receive the property after the owner's death while allowing the owner to retain substantial control during life.

That retained control distinguishes the arrangement from simply giving the house to children immediately. The firm's explanation notes that the owner can retain the ability to sell, lease, mortgage, or otherwise change plans concerning the property.

McAvoy & Reid also discusses Lady Bird deeds in connection with Medicaid planning considerations. Because the suitability of a particular deed depends on the owner's circumstances and goals, the firm evaluates whether the arrangement is appropriate rather than treating it as a universal solution for every homeowner.

When Someone Dies Without a Will

Families may also enter probate without finding any estate planning documents at all.

When someone dies without a valid will, Michigan intestate succession law determines how probate property passes. The deceased person is no longer able to select beneficiaries through a will or nominate the person he or she wanted to administer the estate.

McAvoy & Reid assists families with intestate estates as part of its probate practice. The process still requires identifying probate property, appointing someone with authority to administer the estate, addressing debts and expenses, and ultimately transferring property to the people entitled to inherit.

For someone considering an estate plan, intestacy also illustrates the practical reason for making decisions in advance: without planning, Michigan law supplies the default rules.

You Were Appointed Personal Representative — Now What?

One of the more specific problems McAvoy & Reid encounters is a person who has already opened an estate and been appointed personal representative but does not know how to finish the job.

The firm's probate materials say this is a common situation. Serving as personal representative involves more than obtaining paperwork from the probate court. The representative is responsible for administering the estate, gathering property, addressing debts and final expenses, and ultimately transferring assets to heirs or beneficiaries.

McAvoy & Reid assists personal representatives with the paperwork, property transfers, creditor matters, and other issues that arise during administration.

The firm can also step into an estate after the process has begun. That can be useful when a family member initially expected to handle probate independently but later realizes there are additional procedures or unresolved issues standing between the estate and final distribution.

Handling a Michigan Estate When You Live Somewhere Else

The person responsible for a Michigan estate does not necessarily live nearby.

McAvoy & Reid regularly assists executors and personal representatives who live outside Michigan or elsewhere outside the Metro Detroit area but are responsible for a Michigan decedent's estate.

Distance can add another practical complication to an already unfamiliar process. The representative may be dealing with Michigan property, court filings, creditors, and beneficiaries while living hundreds or thousands of miles away.

The firm states that it can handle many aspects of an estate for an out-of-area representative and, depending on the case, may be able to proceed without requiring that person to appear personally in court.

That experience can be particularly relevant when an adult child has moved away from Michigan but is later named to handle a parent's estate here.

When a Probate Estate Includes a House That Needs to Be Sold

Real estate can create additional work during estate administration, particularly when the family intends to sell a deceased person's home.

McAvoy & Reid's real estate and probate practices overlap in this area. The firm handles deed preparation, title searches, and quiet title actions and specifically reports encountering title problems when real estate is being sold through probate.

A title search may reveal an issue in the ownership history that prevents a clean transfer to a buyer. An old deed, competing ownership interest, or other cloud on title may then need to be addressed before the sale can proceed.

The firm can review deeds, title histories, and title insurance commitments and handles quiet title actions when litigation is necessary to establish clear ownership. For an estate already trying to complete a property sale, resolving such a problem can become an important part of moving administration forward.

When Probate Turns Into a Dispute

Not every estate proceeds with everyone agreeing about what should happen.

McAvoy & Reid includes contested probate litigation among its probate services. Disputes can make an already unfamiliar estate administration more difficult when interested parties no longer agree about issues being handled through the probate court.

The firm's probate work also includes decedent estates, guardianships, and conservatorships, giving it experience with multiple types of matters handled through Michigan probate courts.

For families facing disagreement rather than routine administration, the availability of contested probate representation means the firm can address disputes that arise within the probate process rather than limiting its work to uncontested estates.

When an Adult Needs a Guardian or Conservator

Some probate court matters concern a living person rather than a deceased person's estate.

McAvoy & Reid handles guardianships and conservatorships as part of its probate practice. These proceedings can become necessary when an adult is unable to make important personal decisions or adequately manage financial affairs independently.

A guardianship generally concerns authority over personal matters, while a conservatorship concerns management of finances and property. These proceedings can arise after illness, injury, cognitive decline, or other circumstances affecting someone's ability to handle those responsibilities.

They also demonstrate why incapacity planning can be important before a crisis occurs. Powers of attorney may provide authority selected by the individual in advance, while guardianship or conservatorship involves obtaining authority through the probate court after assistance is already needed.

Estate Planning and Probate With a Real Estate Perspective

McAvoy & Reid maintains a broader practice that includes real estate alongside estate planning and probate.

That combination can be particularly relevant because homes and other real property frequently play a major role in both planning and estate administration. The firm prepares deeds, conducts title searches, handles Lady Bird deeds, and represents clients in quiet title matters in addition to its work involving wills, trusts, and probate.

Christina Reid focuses on probate, trust administration, and estate planning matters. Christopher McAvoy has more than two decades of legal experience that includes probate and estate planning as well as the firm's other practice areas.

Together, their work allows the Canton practice to assist families not only with creating estate documents but also with administering estates, transferring property, resolving certain probate disputes, and addressing related real estate issues when they arise.

Communities Served

McAvoy & Reid is located in Canton and serves clients in Canton, Plymouth, Plymouth Township, Belleville, Westland, Wayne, Garden City, Dearborn, Dearborn Heights, Allen Park, Lincoln Park, Melvindale, Southgate, Riverview, Wyandotte, Trenton, Flat Rock, Brownstown Township, Grosse Ile, Gibraltar, Rockwood, Romulus, Taylor, Detroit, Monroe, Ypsilanti, and other surrounding communities.

The firm serves clients in Wayne, Monroe, Oakland, Washtenaw, and Macomb counties and throughout the Downriver area.

Practice Areas

• Estate Planning

• Wills

• Revocable Living Trusts

• Irrevocable Living Trusts

• Financial Powers of Attorney

• Medical Powers of Attorney

• Living Wills

• Patient Advocate Designations

• Probate

• Estate Administration

• Trust Administration

• Probate Avoidance

• Lady Bird Deeds

• Guardianships

• Conservatorships

• Contested Probate Litigation

• Deed Preparation

• Real Estate Title Searches

• Quiet Title Actions