The Law Offices of William J. Liston

Estate Planning, Probate and Elder Law Attorneys in Kalamazoo, Michigan

The Law Offices of William J. Liston helps individuals and families prepare for incapacity, transfer property after death and carry out the responsibilities created by an estate plan. Its work includes wills, trusts, powers of attorney, guardianship and conservatorship matters, Medicaid planning, probate, trust administration and more advanced planning for families with substantial or varied assets.

A person’s estate may include a home, retirement accounts, life-insurance proceeds, business interests, investments, bank accounts, intellectual property and personal belongings. Not all of these assets necessarily pass in the same way. Some may be controlled by a will, while others may be held in a trust or transferred through a beneficiary designation or form of ownership. Planning requires examining the property involved and determining how the different parts of the plan fit together.

The practice offers both will-centered and revocable-living-trust-centered plans. Its estate-planning services also encompass financial and healthcare powers of attorney, HIPAA medical authorizations and guardian nominations for minor children. More complex options include insurance trusts, charitable trusts, family limited partnerships, dynasty trusts and family foundations.

Estate planning can therefore range from establishing several foundational documents to addressing business ownership, taxes and long-term wealth preservation. The appropriate scope depends on the family’s circumstances rather than simply whether someone considers the estate large or small.

Who Would Manage Your Affairs If You Could No Longer Do It?

A serious illness, injury or decline in cognitive ability may leave someone unable to manage money, communicate with financial institutions or make informed healthcare decisions. Estate planning can address these possibilities while the person is still able to decide who should act.

A durable financial power of attorney authorizes a chosen person to handle specified financial and property matters. A healthcare power of attorney addresses medical decision-making, while a HIPAA authorization can permit designated people to receive protected medical information. These documents perform different functions and may need to be prepared as coordinated parts of the plan.

Selecting an agent requires careful thought. The person chosen may eventually need to manage accounts, pay expenses, communicate with healthcare providers or make decisions during a stressful period. Families may also want to consider alternate decision-makers in case the first person named is unavailable.

The Law Offices of William J. Liston also handles guardianship and conservatorship matters. These court proceedings may become relevant when an adult needs assistance and sufficient advance authority is not already in place, or when disagreement exists about who should be responsible. Planning in advance cannot anticipate every circumstance, but it can establish the individual’s choices before an emergency develops.

Parents With Young Children Need More Than Instructions About Property

For parents of minor children, an estate plan must address responsibility as well as inheritance. Parents may be concerned about who would care for their children, who would manage money for them and when the children should receive control of inherited assets.

A will-centered plan can include the nomination of a guardian for minor children. Although a court must make the formal appointment, documenting the parents’ choice gives the court important information about whom they believe should assume that role. Parents may also want to name an alternate in case the first choice cannot serve.

Leaving property directly to a minor can create practical complications because a child cannot independently manage an inheritance. A trust may provide instructions for how property should be held, managed and distributed. The plan can identify a trustee and establish terms appropriate to the family’s goals.

These decisions may involve people with different responsibilities. The person raising the children does not necessarily have to be the same person managing inherited property. Thinking through those roles allows parents to consider each person’s judgment, availability and relationship with the children.

When a Parent May Need Long-Term Care

A family may begin estate planning long before care is needed, or it may seek help after an older relative’s health has already changed. The Law Offices of William J. Liston addresses legal issues affecting older adults, including Medicaid planning and planning for disability.

Medicaid eligibility can become important when someone needs nursing-home care or substantial assistance at home. Families may be trying to understand how income, savings, a residence and other property affect eligibility. If the person needing care is married, the family may also be concerned about the continuing financial needs of the spouse who remains at home.

Long-term-care planning is closely connected to decision-making authority. An adult child may be helping a parent with appointments and daily responsibilities but may not have legal authority to manage accounts or sign documents. Financial and healthcare powers of attorney can be particularly important when a parent wants to identify who may act if capacity declines.

The timing of this planning matters because Medicaid rules and transfers of property can carry legal and financial consequences. A plan for an older adult should account for present care needs, available resources and the individual’s broader estate-planning goals.

After a Death, Someone Has to Carry Out the Plan

Even a carefully prepared estate plan creates work after death. A personal representative may be responsible for administering a probate estate, while a trustee may need to manage and distribute assets held in a trust. In some families, both processes may be required.

Probate is the court-supervised administration of property belonging to a deceased person. The responsibilities may include identifying property, addressing debts and expenses and distributing the remaining assets to the appropriate beneficiaries. The Law Offices of William J. Liston handles both full and summary probate administrations.

Trust administration generally takes place under the terms of the trust and is handled by the appointed trustee. The trustee may need to determine what the trust owns, safeguard property, maintain records and carry out the distribution instructions. The fact that administration occurs outside probate does not eliminate the trustee’s responsibilities.

People asked to serve as personal representatives or trustees are often close relatives of the person who died. They may be taking on an unfamiliar legal role while also coping with the loss. Guidance through the required steps can help them understand what authority they have, what records should be maintained and how the estate or trust should be concluded.

A Family Business May Be Part of the Estate Plan

For a business owner, estate planning may need to account for an asset that cannot be divided as easily as a bank account. The owner may need to consider who has the ability and interest to continue the company, how ownership should be transferred and what would happen if the owner became disabled.

The practice’s business services include incorporations and limited liability companies, business and commercial transactions, closings, agreements and buy-sell agreements. A buy-sell agreement can establish terms for transferring an ownership interest when an event addressed by the agreement occurs.

These arrangements may need to be considered alongside wills, trusts, powers of attorney and tax planning. If a business interest represents a large part of the family’s wealth, decisions about control and ownership can affect employees, other owners and family members who depend on the business.

The firm also works with family limited partnerships and other estate-planning structures. These are more specialized arrangements whose suitability depends on the family’s property, tax concerns and long-term objectives.

When the Estate Includes a Home or Other Real Estate

Real estate may be a family’s most valuable asset and may also carry emotional significance. Someone creating an estate plan may need to decide whether a home should pass to a spouse, children or a trust. The plan may also need to account for mortgages, joint ownership and the possibility that beneficiaries will want different outcomes.

The Law Offices of William J. Liston handles residential and commercial real-estate transactions, including purchase agreements and closings. Its work in both estate planning and real estate can be relevant when property must be transferred, sold or coordinated with a trust or business plan.

Real property can create additional questions during probate or trust administration. A personal representative or trustee may need to preserve the property, determine whether it should be distributed or sold and address the interests of beneficiaries. Clear planning can help establish how the property is intended to fit into the larger estate.

Serving Families Across Four Michigan Counties

The Law Offices of William J. Liston serves communities in Kalamazoo, Washtenaw, Calhoun and Kent counties. This includes families in the Kalamazoo area as well as clients in other parts of southern and western Michigan.

The firm’s services span different stages of planning and administration. A client may need foundational documents, assistance preparing for disability or long-term care, planning for business and real-estate interests, or guidance after accepting responsibility for an estate or trust.

Practice Areas

• Estate planning

• Wills

• Revocable living trusts

• Pour-over wills

• Financial powers of attorney

• Healthcare powers of attorney

• HIPAA medical authorizations

• Guardian nominations for minor children

• Disability planning

• Elder law

• Medicaid planning

• Guardianships and conservatorships

• Asset-protection planning

• Estate-tax planning

• Insurance and charitable trusts

• Dynasty trusts

• Family limited partnerships

• Family foundations

• Probate administration

• Trust administration

• Business formation and transactions

• Buy-sell agreements

• Residential and commercial real estate