McGivney Law Firm

Estate Planning & Probate Attorneys in Brighton, Michigan

Estate planning is partly about deciding what happens after death, but families often need legal arrangements that address problems arising much earlier. An aging parent may no longer be able to manage finances. Someone may need another person authorized to make healthcare decisions. Parents may worry about providing for a child with disabilities. A business owner may need to decide what happens to the company if the owner dies or becomes unable to work.

McGivney Law Firm, PLLC handles estate planning and probate from offices in Brighton and Stockbridge. Attorneys Michael J. McGivney and Patrick V. McGivney provide estate-planning services, while Michael McGivney also handles probate matters. The firm's work includes wills, trusts, powers of attorney, special needs planning, guardianships and conservatorships, probate administration, elder-law matters, and business succession planning.

Making Decisions Before Your Family Has to Make Them for You

A will provides instructions for the disposition of property after death, but an estate plan can also establish who has authority to act while someone is still alive.

McGivney Law Firm prepares durable powers of attorney as part of its estate-planning practice. These documents can give a chosen individual authority to handle financial matters if assistance becomes necessary.

Healthcare planning addresses a different set of decisions. The firm assists clients with healthcare advocate designations and living-will planning so that wishes concerning medical care can be documented and another person can be selected to participate in healthcare decisions when necessary.

Without advance planning, incapacity can leave relatives trying to determine both what their loved one wanted and who has legal authority to act.

Choosing Between a Will and a Trust

Not every family needs the same estate-planning documents.

McGivney Law Firm prepares wills and trusts and works with clients to determine how property should pass to beneficiaries. A will can establish instructions for property passing through an estate, while trusts can provide additional arrangements for holding and distributing assets.

The right structure can depend on the property someone owns, the beneficiaries who will receive it and the degree of control the person wants to maintain over future distributions.

For some families, the primary objective may be relatively straightforward: identifying beneficiaries and establishing who should handle the estate. Other circumstances may call for trust planning or additional documents addressing incapacity, taxes or a beneficiary's particular needs.

Providing for a Child or Relative With Special Needs

An inheritance can create additional concerns when the beneficiary has disabilities.

McGivney Law Firm specifically provides special needs trust planning for a disabled child or other family member. Rather than simply leaving property outright to that beneficiary, a special needs trust can provide a structure for managing inherited assets while taking the beneficiary's circumstances and government-benefit eligibility into account.

This type of planning can be particularly important for parents who have spent years helping a child with disabilities and are worried about what happens when they are no longer there to provide that support themselves.

The issue is not simply deciding how much the child should inherit. Parents may also need to consider how the inheritance will be managed and how their estate plan interacts with other resources available to the beneficiary.

When an Aging Family Member Needs More Help

Estate planning can become especially important as parents and other relatives grow older.

McGivney Law Firm includes elder-law matters in its estate practice and handles guardianships and conservatorships as well as Medicaid and Medicare planning.

Guardianship or conservatorship may become relevant when an adult can no longer make necessary personal or financial decisions and adequate arrangements were not already in place. These are court-supervised proceedings, making them quite different from voluntarily signing a power of attorney while a person still has the capacity to choose who should act.

For families, the distinction can become painfully practical. A son or daughter may realize that a parent can no longer safely manage important matters but discover that no one has been legally authorized to step in.

Planning before that point can preserve more control over who will make decisions. When court involvement has become necessary, the firm's guardianship and conservatorship practice provides assistance with that process.

The firm also identifies Medicaid and Medicare planning among its services for older clients. Because its website provides limited detail about the specific strategies used in this area, those services are best considered in the context of the family's individual circumstances rather than assuming a particular asset-protection approach.

When You're Responsible for Someone's Estate

Probate can become an immediate concern after a family member dies, particularly for the person expected to administer the estate.

McGivney Law Firm assists with the Michigan probate process and the responsibilities involved in estate administration. That work can begin with seeking appointment of a personal representative and identifying the people legally interested in the estate.

From there, the personal representative may need to locate estate property, determine its value, address creditor claims and outstanding debts, and keep track of the financial activity occurring during administration.

Required notices may need to be provided to heirs and other interested parties. Accountings and other probate requirements may also need to be completed before the remaining property can ultimately be distributed and the estate closed.

For someone who has never served as a personal representative before, these responsibilities can be substantial. The person may be handling a parent's home, bank accounts and personal belongings while simultaneously dealing with creditors, communicating with relatives and trying to understand probate procedures.

Legal guidance can help the personal representative understand what needs to be done and in what order.

Probate Doesn't Necessarily End When Assets Are Identified

Finding a deceased person's property is only one part of administering an estate.

Debts and valid creditor claims generally have to be addressed before beneficiaries receive their final distributions. Assets may need to be valued, and the estate's financial activity must be properly accounted for.

Only after the necessary administration has occurred can remaining property be distributed and the estate brought toward closure.

This is one reason a personal representative's job can last considerably longer than family members initially expect. The role involves administering an estate rather than simply dividing possessions among relatives.

McGivney Law Firm's probate practice encompasses these stages of administration, from appointment of the personal representative through distribution and closing of the estate.

Planning for What Happens to a Family Business

For a business owner, personal estate planning and the future of the company can be closely connected.

McGivney Law Firm provides business succession planning as part of its estate-planning services. This allows owners to consider what should happen to their business interests if they die or can no longer participate in the company.

The question can be particularly important in a family business. One child may work in the company while another has no involvement. There may be other owners whose financial interests also need to be considered. Simply leaving a business interest through a will does not necessarily address how the company will continue operating.

Succession planning can coordinate the owner's estate-planning objectives with decisions about the future ownership and operation of the business.

Estate-Tax Planning When It Is Relevant

The firm also provides estate-tax planning.

Estate taxes are not a significant planning concern for every family, so this aspect of an estate plan depends heavily on the value and composition of the client's assets and the applicable tax rules.

For clients whose estates warrant additional tax planning, the issue can be considered as part of the broader decisions about how property will be held and eventually transferred.

Decades of Legal Practice in Livingston County

McGivney Law Firm traces its history to 1969, when Michael J. McGivney began practicing law. Today, Michael and Patrick McGivney practice from offices in Brighton and Stockbridge.

Estate planning is part of a broader practice that also includes bankruptcy, family law and other legal matters. Within the estate practice, both Michael and Patrick McGivney provide estate-planning services, while Michael McGivney also identifies probate as an area of practice.

For Livingston County families, that work ranges from creating wills and trusts before problems arise to helping a personal representative navigate the responsibilities that follow a death.

Practice Areas

• Estate Planning

• Wills

• Trusts

• Special Needs Trusts

• Durable Powers of Attorney

• Healthcare Advocate Designations

• Living-Will Planning

• Probate

• Estate Administration

• Guardianships

• Conservatorships

• Elder Law

• Medicaid Planning

• Medicare Planning

• Estate-Tax Planning

• Business Succession Planning