Smith Bovill, Attorneys and Counselors

Estate Planning, Elder Law & Probate Attorneys in Saginaw, Michigan

Smith Bovill, P.C. provides estate planning, elder law, probate, trust administration, and related services from offices in Saginaw, Frankenmuth, and Alma. Established in 1939, the firm assists individuals and families with planning for incapacity, transferring property, preparing for long-term care, administering estates and trusts, and resolving contested estate matters.

The firm also practices in business and corporate law, real estate, litigation, and family law. Those related services can become important when an estate includes a family business, farmland, commercial property, disputed ownership, or other assets requiring more than a basic will.

Creating an Estate Plan for Property and Family

An estate plan allows a person to decide who should receive property and who should carry out important responsibilities. Smith Bovill prepares wills, living trusts, family trusts, financial powers of attorney, healthcare powers of attorney, and advance directives.

A will provides instructions for property that becomes part of the probate estate. It can identify beneficiaries and nominate the person responsible for administering the estate. Without valid instructions, Michigan law determines how probate property will be distributed, which may not reflect the deceased person’s actual intentions.

Trusts can provide another way to own, manage, and transfer property. A trust may continue after the person who created it dies, allowing a trustee to manage assets for the beneficiaries according to written terms. Families may use a trust when property should be managed over time, when an inheritance should not be distributed immediately, or when a more structured transfer plan is appropriate.

Estate planning also involves property that may not pass through a will. Life-insurance proceeds, retirement accounts, jointly owned property, and other assets may be controlled by beneficiary designations or ownership records. Coordinating those arrangements can help prevent an account or parcel of property from passing differently than intended.

Preparing for Incapacity

Estate planning is not limited to deciding what happens after death. Illness, injury, or cognitive decline can leave a person unable to manage finances or communicate medical decisions.

A financial power of attorney authorizes a selected agent to act within the authority granted by the document. Depending on its terms, that person may be able to manage accounts, pay expenses, address property matters, or handle other financial responsibilities.

A healthcare power of attorney allows someone to participate in medical decision-making when the patient cannot do so. An advance directive can provide additional guidance about the person’s preferences.

Without appropriate documents, relatives may disagree about who should take charge or discover that no one has legal authority to act. The family may then need to pursue a guardianship or conservatorship through probate court. Smith Bovill handles guardianship and conservatorship matters in addition to preparing incapacity-planning documents.

Planning for Long-Term Care

The need for increasing assistance can arrive gradually or follow an unexpected medical event. Families may find themselves trying to arrange safe care while determining how nursing-home expenses, household costs, and a spouse’s continuing needs will be paid.

Smith Bovill’s elder-law practice includes long-term-care and Medicaid planning. The firm also addresses Medicare and veterans’ benefits issues relevant to older adults and their families.

Long-term-care planning may involve more than reviewing eligibility for a particular program. The family may need to consider the older adult’s home, savings, income, insurance, existing estate plan, and the needs of a spouse or dependent relative.

Planning before care becomes urgent generally provides more opportunity to consider available options. Families already facing a health decline may still need help understanding how care arrangements interact with property, benefits, and existing legal documents.

Because Medicaid laws and long-term-care rules change, an older plan may need to be reviewed when a person’s health, finances, or living arrangements change.

Protecting a Beneficiary With Special Needs

Leaving an inheritance directly to a person with disabilities can create complications when that person receives needs-based assistance. A special-needs trust can provide a structure for managing inherited property while accounting for the beneficiary’s circumstances.

The trust can name someone to manage the assets and establish how they may be used. This can be particularly important when the beneficiary cannot independently handle a substantial inheritance or when the family wants funds available for supplemental needs over an extended period.

The plan should coordinate the trust with beneficiary designations and other assets. Otherwise, property intended for the trust may pass directly to the beneficiary and undermine the family’s planning.

Transferring a Home and Other Real Estate

Real estate is often one of the most valuable assets in an estate. How a home, cottage, farm, rental property, or commercial parcel is titled can determine whether it passes through probate or transfers through another arrangement.

Smith Bovill advises clients about real-estate ownership as part of estate planning. Its educational material addresses forms of joint ownership and Lady Bird deeds, which may be used in Michigan to arrange for property to transfer at death while the owner retains control during life.

No single transfer method is appropriate for every household. A deed must be evaluated alongside the will, trust, tax considerations, family relationships, and the owner’s long-term-care planning.

Real estate may also create work for a personal representative or trustee after death. Property must often be secured, maintained, insured, valued, sold, or transferred. Questions about the deed, boundaries, leases, or ownership interests can complicate administration. The firm’s real-estate and litigation practices allow it to address related property issues when they arise.

Planning for a Family Business

A closely held business may represent the owner’s income, retirement plan, and largest estate asset. Succession planning addresses who will own and operate the company if the owner retires, becomes incapacitated, or dies.

Smith Bovill combines estate planning with business and corporate law. This allows a plan to account for business ownership, governing documents, contracts, real estate, and the owner’s intentions for family members.

Succession can be difficult when only one child works in the company or when several relatives have different expectations. A plan may need to distinguish between control of the business and the economic value received by other beneficiaries.

Waiting until an owner is seriously ill can limit the available choices. Planning in advance gives the family time to decide who is capable of managing the company and how the transition should be coordinated with the remainder of the estate.

Probate and Trust Administration After a Death

Smith Bovill assists with probate and trust administration. After a death, the responsible person may need to locate property, identify creditors and beneficiaries, address taxes and expenses, maintain records, and distribute the remaining assets.

Probate may be required when property remains in the deceased person’s individual name without another effective transfer method. The court process establishes authority for the personal representative to act and provides procedures for administering the estate.

Trust administration generally follows the terms of the trust document. A trustee may need to gather trust property, manage investments or real estate, communicate with beneficiaries, pay appropriate expenses, and make distributions.

These responsibilities can be difficult for someone who has never served as a fiduciary. Questions may arise about whether an asset belongs to the estate or trust, when a distribution may be made, or whether beneficiaries must approve a proposed action.

Clear records and timely communication can help prevent misunderstandings. Legal assistance can also help the personal representative or trustee understand which decisions fall within their authority and which may require court involvement.

Addressing Estate and Trust Disputes

Smith Bovill handles estate litigation as well as civil and commercial litigation. Disputes may concern the validity or interpretation of estate documents, the administration of property, a fiduciary’s conduct, or competing claims to an asset.

Conflict can delay distributions and increase costs for everyone involved. It may also place relatives in opposing positions during an already difficult period.

A disagreement does not necessarily begin as a lawsuit. Beneficiaries may first question an accounting, a proposed sale, the valuation of property, or the timing of distributions. Identifying the legal and factual issues early may help the parties determine whether the matter can be resolved or requires court action.

Litigation may become necessary when there are serious allegations involving the management of estate or trust property or when the parties cannot agree on their rights.

Charitable Giving, Taxes, and Asset Protection

Some estate plans require attention to charitable gifts, gift-tax considerations, or strategies for protecting particular assets. Smith Bovill includes charitable giving, tax planning, and asset protection among the issues it addresses in estate planning.

These concerns may be relevant when a family owns substantial property, wants to support an organization, or needs to coordinate lifetime gifts with an eventual inheritance.

Tax and asset-protection planning should fit the client’s broader objectives rather than be handled separately from the will, trust, beneficiary designations, and business or real-estate arrangements.

Communities and Regions Reached

Smith Bovill has offices in Saginaw, Frankenmuth, and Alma. The firm serves families throughout Mid-Michigan, the Thumb, and the Tri-City area of Saginaw, Bay City, and Midland.

Additional communities named by the firm include Flint, Mount Pleasant, Cheboygan, West Branch, Gaylord, and Grayling. Its stated county coverage includes Arenac, Bay, Genesee, Huron, Isabella, Lapeer, Ogemaw, Roscommon, Saginaw, Sanilac, Shiawassee, and Tuscola counties.

Practice Areas

• Wills and trusts

• Powers of attorney and advance directives

• Elder law and long-term-care planning

• Medicaid, Medicare, and veterans’ benefits

• Probate and trust administration

• Guardianships and conservatorships

• Special-needs trusts

• Estate and trust litigation

• Business succession planning

• Real-estate transfer planning

• Charitable giving and gift-tax planning

• Asset protection