Schouman & Schiano

Estate Planning and Probate Attorneys in Walled Lake, Michigan

Schouman & Schiano helps Walled Lake and Metro Detroit families prepare wills, trusts, powers of attorney and advance directives. The attorneys also handle probate, guardianships and conservatorships.

This is a broad-service law practice whose other work includes family law, criminal defense, commercial litigation, personal injury and Chapter 7 bankruptcy. Its estate-related services address decisions that families may face before incapacity, after a death or when someone needs court-appointed assistance.

Estate planning can establish who should receive property and who should act if illness or injury prevents someone from managing personal affairs. Probate work addresses the legal responsibilities that arise after death. Guardianship and conservatorship proceedings may become necessary when advance arrangements are unavailable or when a court must determine who should care for a person or manage property.

Your Family Needs a Will or Trust

A will allows someone to provide instructions about the distribution of property after death and nominate a person to handle the estate. A trust can create a separate arrangement for holding and managing property for selected beneficiaries.

The appropriate documents depend on the family and property involved. A parent with minor children may have different concerns from a retired couple or a single person who wants to provide for relatives, friends or charities. A family may own a home, financial accounts, personal belongings or business interests that must be considered together.

Schouman & Schiano assists clients with both wills and trusts. The planning process can address who should benefit, who should carry out the instructions and whether property should be distributed immediately or managed through a trust.

Making these decisions in advance can give surviving relatives a clearer understanding of the person’s intentions. It also provides an opportunity to consider practical questions that may otherwise remain unresolved until after a death.

An Illness or Injury Leaves You Unable to Make Decisions

Estate planning also concerns what happens during a person’s lifetime. A serious illness, accident or cognitive decline may prevent someone from managing finances or communicating healthcare decisions.

Schouman & Schiano prepares powers of attorney and advance directives. These documents can allow a client to select trusted people to handle specified responsibilities and record instructions concerning future decisions.

Financial matters may include paying bills, managing accounts or addressing property. Healthcare planning may concern who should communicate with medical professionals when the patient cannot act independently.

Without effective advance arrangements, relatives may be uncertain about who has authority. Family members who agree about what should happen can still encounter practical barriers when banks, medical providers or other institutions require legal documentation.

Preparing incapacity documents before they are needed allows the individual to choose decision-makers personally. It can also help separate financial responsibilities from healthcare responsibilities when different people are better suited to those roles.

A Relative Can No Longer Manage Personal or Financial Affairs

When an adult cannot safely manage personal care or financial matters, the family may need to consider a guardianship or conservatorship.

A guardian may be appointed to address personal decisions, while a conservator may be responsible for managing money and property. These proceedings take place through probate court and may require evidence about the person’s condition, abilities and needs.

The need can arise gradually as an older relative experiences cognitive decline, or suddenly after a stroke, accident or serious medical event. Family members may need authority to arrange care, address housing, manage income or protect property.

Schouman & Schiano represents clients in guardianship and conservatorship matters. Its attorneys also serve as guardians ad litem at the request of the Oakland County Probate Court. In that role, an attorney may be appointed to investigate a person’s circumstances and report information relevant to the court’s decision.

These cases can involve difficult questions about independence and protection. The court must consider the person’s actual abilities and what legal authority is necessary under the circumstances.

A Loved One Dies and the Family Faces Probate

After a death, the family may need to determine which property requires probate and who has authority to handle it. The person responsible for the estate may have to identify assets, address bills and distribute the remaining property according to a will or Michigan law.

Schouman & Schiano assists families with probate matters. Probate can be unfamiliar even to someone who was prepared to serve as personal representative. Court documents, notices and estate responsibilities may need attention while the family is also coping with the loss.

The process can differ depending on how the deceased person owned property and whether valid estate-planning documents exist. Some assets may pass through probate, while others may be controlled by a trust, joint ownership or a beneficiary designation.

A personal representative may need guidance about the limits of the role and the sequence in which responsibilities should be completed. Beneficiaries may also have questions about the administration of the estate and when distributions can occur.

Family Relationships and Probate Problems Overlap

Probate, guardianship and estate-planning concerns often develop alongside broader family problems. A divorce may change whom someone wants to name in an estate plan. A custody matter may affect who is caring for a child. Conflict among relatives may complicate decisions about an older family member’s care or property.

Schouman & Schiano’s family-law practice includes divorce, custody and adoption matters. That broader experience may be relevant when an estate or probate issue is connected to changing family relationships.

The attorneys include Daniel J.M. Schouman, Margaret A. Schiano and Benjamin J. Schiano. Margaret Schiano participates in the State Bar of Michigan’s Probate and Estate Planning Section, and Benjamin Schiano lists Probate and Estate Planning among his State Bar section memberships.

Estate Planning and Probate Services in Walled Lake

Schouman & Schiano is located at 1060 East West Maple Road in Walled Lake, Michigan. The practice serves clients in the Metro Detroit area.

Practice Areas

• Estate Planning

• Wills

• Trusts

• Powers of Attorney

• Advance Directives

• Probate

• Guardianships

• Conservatorships