The Law Firm of Michael J. Smith and Associates

Estate Planning and Probate Attorneys in Mount Clemens, Michigan

The Law Firm of Michael J. Smith and Associates helps Mount Clemens-area clients prepare estate plans, administer estates and trusts, and address disputes in probate court. Its estate-related services include wills, trusts, probate administration, guardianships, conservatorships, business-succession planning and planning for beneficiaries with disabilities or special needs.

This is a broad-service law firm rather than a practice limited to estate planning. Its attorneys also handle business and contract matters, adoption, family law, divorce, criminal defense, personal injury and medical-marijuana law.

The estate-planning process can involve decisions about who should receive property, who should carry out the plan and how an inheritance should be managed for someone who is not prepared to manage it personally. After a death, the firm represents executors, trustees and other people responsible for administering estates and trusts. It also handles contested probate proceedings when beneficiaries, fiduciaries or relatives disagree.

A Child or Family Member With Special Needs Will Inherit

Leaving property to a child or an adult with a disability may require more planning than simply naming that person in a will. The Law Firm of Michael J. Smith and Associates includes planning for people with disabilities and special needs among its estate-planning services.

Families may need to consider what property will be available, who should manage it and how it should be distributed over time. A parent may be particularly concerned about who will oversee an inheritance after the parent is no longer able to provide direct assistance.

The firm also works with families considering methods of providing for a child’s education. That may involve determining how money should be managed and when it should become available rather than transferring the entire amount to a young beneficiary at once.

These questions can extend across generations. Parents and grandparents may both want to provide for the same child, but their separate plans should work together rather than create conflicting arrangements. The firm includes coordination of estate planning among multiple generations in its practice.

The Family Business Needs a Successor

A family business can present estate-planning questions that do not arise with ordinary personal property. If an owner retires, becomes incapacitated or dies, someone must determine who will manage the company and who will receive the ownership interest.

Michael J. Smith and Associates handles business-succession and transition planning as part of its broader corporate practice. Its business services also include entity formation, operating agreements, bylaws, buy-sell agreements, stock transfers, mergers and acquisitions, and business sales and purchases.

For a family-owned company, succession planning may involve deciding whether a child, co-owner or employee should eventually operate the business. If some children participate in the company and others do not, the owner may also need to consider how business ownership fits into the larger distribution of the estate.

A buy-sell agreement can be relevant when a business has multiple owners and one of them dies or leaves the company. Stock transfers, ownership records and governing agreements may also affect whether the owner’s estate plan can be carried out as intended.

The objective is to connect the estate plan with the company’s actual ownership and transition arrangements. A will or trust addressing the business may not resolve every problem if separate corporate documents point in a different direction.

Retirement Benefits Must Be Coordinated With the Estate Plan

IRAs, pensions and other retirement benefits can make up a substantial part of a family’s property. The firm includes planning for the distribution of IRAs and pension benefits among its estate-planning services.

These assets may require separate beneficiary decisions. A person preparing a will or trust should therefore consider how retirement-benefit designations fit with the rest of the estate plan. Otherwise, the overall distribution may differ from what the person expected.

This can become especially important after a marriage, divorce, death in the family or other major change. Someone may update a will but overlook an older designation attached to a retirement account. Coordinating the different parts of the plan can help clarify who is intended to receive each asset.

The firm also assists with charitable planning. For someone who wants to support an organization as part of a larger estate plan, the relevant questions may include what property should be given, when the transfer should occur and how the charitable gift relates to provisions for family members.

An Executor or Trustee Must Carry Out the Plan

Estate planning does not end when documents are signed. After a death, an executor or trustee may need to identify property, address claims, maintain records and distribute assets to the appropriate beneficiaries.

The Law Firm of Michael J. Smith and Associates represents executors and trustees in estate and trust administration. It also represents guardians, conservators and other people appearing in probate court.

A relative serving in one of these roles may be unfamiliar with the responsibilities involved. The person may be grieving while also trying to understand court filings, deadlines, beneficiary questions and the deceased person’s financial affairs. When a trust is involved, the trustee may need to interpret its instructions and account for the way property has been handled.

Probate and trust administration can also involve property that is difficult to divide or manage. A family business, retirement benefits, real estate or assets intended for several generations may require additional attention before distributions can be completed.

Family Members Disagree About a Will or Trust

Not every estate or trust is administered without conflict. Michael J. Smith and Associates handles disputed probate proceedings, including will and trust contests, trustee accountings and claims.

A disagreement may concern whether a will or trust is valid, how its language should be interpreted or whether a fiduciary has properly managed the property. Beneficiaries may question an accounting, dispute a proposed distribution or believe that information has not been provided.

Some conflicts involve personal history as much as property. Siblings may have different understandings of a parent’s wishes, or one relative may have been more involved in the parent’s finances near the end of the parent’s life. When those concerns cannot be resolved informally, the dispute may require proceedings in probate court.

The firm represents parties in probate litigation as well as people carrying out administrative responsibilities. The appropriate role depends on whether the client is an executor, trustee, beneficiary, guardian, conservator or another interested person.

An Adult Can No Longer Manage Personal or Financial Affairs

Guardianship and conservatorship proceedings may become necessary when an adult can no longer handle certain personal or financial responsibilities.

A guardian generally addresses personal-care decisions, while a conservator manages financial matters under court authority. The need may arise after an illness, injury or decline in a person’s ability to make or communicate decisions.

For relatives, the situation can involve immediate practical problems. Bills may need to be paid, property may require attention, and decisions about living arrangements or care may no longer be safely postponed. Family members may also disagree about whether court involvement is necessary or who should serve.

Michael J. Smith and Associates represents guardians, conservators and other parties in probate-court proceedings involving these responsibilities. Its work includes both uncontested matters and disputes requiring litigation.

Estate Planning and Probate Services in Mount Clemens

The Law Firm of Michael J. Smith and Associates is located at 70 Macomb Place, Suite 200, in Mount Clemens, Michigan. Michael J. Smith established the practice in the 1990s after previously serving as a magistrate for Clinton Township, Harrison Township and Mount Clemens.

Practice Areas

• Estate Planning

• Wills and Trusts

• Probate and Trust Administration

• Probate Litigation

• Will and Trust Contests

• Trustee Accountings and Claims

• Guardianships and Conservatorships

• Planning for Beneficiaries With Special Needs

• Multigenerational Estate Planning

• IRA and Pension-Benefit Planning

• Charitable Planning

• Family-Business Succession Planning