Sturz & Sturtz, Attorneys & Counselors at Law

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

Sturtz & Sturtz, P.C. helps individuals and families create estate plans, prepare for incapacity and long-term care, administer estates and trusts, and address inheritance disputes. The firm is located in Old Town Saginaw near the Saginaw County Courthouse and serves clients across the Great Lakes Bay Region and Mid-Michigan.

Its estate-related practice includes wills, revocable and irrevocable trusts, powers of attorney, healthcare directives, Lady Bird deeds, probate and trust administration, guardianships, conservatorships, and contested probate matters. The firm also practices in business, real estate, and family law, which may be relevant when an estate includes a closely held company, investment property, or complicated family circumstances.

Creating a Plan for Property and Decision-Making

An estate plan provides instructions for property and identifies the people who will act when help is needed. Sturtz & Sturtz prepares wills, trusts, durable powers of attorney, patient-advocate designations, and healthcare directives based on each client’s family and financial circumstances.

A will can name beneficiaries and designate the person responsible for administering the probate estate. Without a valid will, Michigan law determines who inherits probate property. That statutory distribution may not match what the deceased person would have chosen, particularly in a blended family or when intended beneficiaries do not follow traditional family relationships.

A durable power of attorney allows a selected agent to handle authorized financial and legal matters. A patient-advocate designation and healthcare directive address medical decision-making when the individual cannot communicate or make decisions independently.

These documents can reduce uncertainty during a medical emergency. Relatives may otherwise discover that they do not automatically have authority to manage accounts, address property, or speak for an incapacitated family member.

Using Trusts to Manage and Transfer Assets

Sturtz & Sturtz prepares revocable and irrevocable trusts and assists with trust funding and asset coordination. A trust can establish how property will be managed during the creator’s life and distributed after death.

A revocable trust may allow the person creating it to retain control while establishing a plan for later management and distribution. An irrevocable trust involves different control and ownership considerations and may be used when a family’s objectives require a more permanent arrangement.

Trusts can be helpful when an inheritance should be managed rather than distributed immediately. A family may want property held for younger beneficiaries, managed over several years, or distributed under specific conditions.

The effectiveness of a trust depends on more than signing the document. Property intended to be governed by the trust must be properly connected to it. Sturtz & Sturtz assists with trust funding and coordinates estate documents with ownership records and other asset-transfer arrangements.

The firm also prepares amendments when an existing estate or trust plan no longer reflects the client’s circumstances. Marriage, divorce, the birth of a child, the death of a beneficiary, a change in property ownership, or a shift in family relationships may create a need for review.

Transferring a Home With a Lady Bird Deed

A Lady Bird deed, also known as an enhanced life-estate deed, can be used in Michigan to arrange for real estate to transfer outside probate. The owner retains control during life, and the property passes to the named recipient after the owner’s death.

This approach may appeal to someone whose home is a major estate asset and who wants to simplify its eventual transfer. It can also allow the owner to retain the ability to sell, mortgage, or otherwise control the property during life.

A Lady Bird deed should be considered alongside the rest of the estate plan. The intended transfer needs to fit with the owner’s will, trust, family circumstances, and long-term objectives.

Sturtz & Sturtz also practices in real estate law and assists with property ownership, title concerns, and transfers through trusts and estates. That experience may be useful when an estate includes a home, rental property, vacant land, or another parcel with complicated ownership records.

Planning for Incapacity and Long-Term Care

Aging can create legal and financial questions long before an estate must be administered. A person may need help managing daily affairs, paying for care, or deciding who should have authority if independent decision-making becomes difficult.

The firm’s elder-law services include incapacity planning, long-term-care planning, durable powers of attorney, healthcare directives, guardianships, conservatorships, and asset-protection considerations. It also assists families planning for nursing-home or assisted-living care.

Early planning gives the individual an opportunity to choose trusted decision-makers. It can also help relatives understand who is responsible for financial matters and who may participate in medical decisions.

When no adequate authorization exists, a guardianship or conservatorship may be required. A guardian generally addresses personal and care decisions, while a conservator manages money and property. These court proceedings affect another person’s independence and involve continuing responsibilities for the person appointed.

Families may seek help when an older relative is no longer paying bills, is vulnerable to exploitation, cannot safely live alone, or needs placement in a care setting. Legal planning can help clarify who may act and what court involvement may be necessary.

Administering an Estate After a Death

Probate is the court-supervised process used to administer certain property after someone dies. Sturtz & Sturtz assists executors, personal representatives, trustees, beneficiaries, and family members with probate and estate administration.

The personal representative may need to open the estate, locate and protect property, identify creditors, address valid obligations, and distribute the remaining assets. The process may also require determining which property belongs to the probate estate and which assets transfer through a trust, joint ownership, or beneficiary designation.

These responsibilities often fall on a relative who has never administered an estate. The person may be grieving while also facing court filings, deadlines, property expenses, and questions from beneficiaries.

Sturtz & Sturtz provides guidance concerning probate filings, court procedures, estate property, creditor issues, distributions, and fiduciary responsibilities. The firm also helps with the transfer of real estate and other assets through the estate.

Clear records and communication can be important when several beneficiaries are involved. Even when relatives agree, questions may arise about when property can be distributed, how expenses should be paid, or whether an asset must be sold.

Carrying Out a Trust After Death

Trust administration involves managing and distributing property under the terms of a trust. A successor trustee may need to identify trust assets, safeguard property, communicate with beneficiaries, address expenses, and make distributions.

The trustee must follow the document rather than informal family expectations. That responsibility can become difficult when instructions are complex, property must be managed for an extended period, or beneficiaries disagree about the timing of distributions.

Legal guidance can help a trustee understand the scope of the role and distinguish trust property from assets belonging to the probate estate. It can also help beneficiaries understand what information they may receive and how the administration is expected to proceed.

Resolving Probate and Trust Disputes

Sturtz & Sturtz represents clients in contested estate, trust, guardianship, and conservatorship matters. These disputes can create significant financial and emotional strain for families.

A will contest may involve questions about whether the document was properly created or represented the deceased person’s voluntary decisions. Claims of undue influence or lack of capacity may arise when relatives believe someone improperly affected the plan or that the person signing it did not understand the consequences.

Disputes may also concern the conduct of a personal representative, trustee, guardian, or conservator. Beneficiaries may question how property was handled, whether records are complete, or whether the fiduciary followed the governing document and applicable duties.

Other conflicts can involve competing inheritance claims, disputed assets, or disagreement over the interpretation of a trust. Some matters may be resolved through negotiation, while others require probate-court litigation.

Coordinating an Estate With a Family Business

A family-owned or closely held business can complicate estate planning. The owner must consider who will control the company, whether a relative is prepared to operate it, and how its value fits with inheritances for other beneficiaries.

Sturtz & Sturtz assists with business-succession considerations, closely held business interests, and coordination between estate-planning and business objectives. Its business-law practice includes ownership structures, transactions, and agreements that may affect succession.

Planning may be particularly important when only one family member works in the business. The owner may want that person to continue operations while still providing fairly for other beneficiaries. Addressing those questions in advance can reduce uncertainty if the owner retires, becomes incapacitated, or dies.

Reaching Families Across the Region

Sturtz & Sturtz is based in Saginaw and serves the Great Lakes Bay Region and Mid-Michigan. Its Old Town office is located near the Saginaw County Courthouse.

Practice Areas

• Wills

• Revocable and irrevocable trusts

• Powers of attorney and healthcare directives

• Lady Bird deeds

• Trust funding and amendments

• Probate and estate administration

• Trust administration

• Elder law and long-term-care planning

• Guardianships and conservatorships

• Probate and trust litigation

• Real-estate transfer planning

• Business-succession planning