Willis Law

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

Willis Law helps Michigan families prepare for incapacity, transfer property, plan for long-term care and handle the legal responsibilities that arise after a death. Its estate-related practice includes wills, trusts, powers of attorney, advance healthcare directives, Medicaid planning, guardianships, conservatorships, probate, trust administration and disputes involving estates and trusts.

An estate plan can be relatively straightforward or involve several connected concerns. A young couple may need to select guardians and determine how property should be managed for children. Someone approaching retirement may need to review beneficiary designations and pension benefits. A business owner, farmer or professional may have succession, tax or asset-protection questions that require additional planning.

The firm works with revocable and irrevocable trusts as well as wills, powers of attorney and healthcare documents. Its services also extend into the period after death, when a personal representative or trustee must identify property, address claims, provide required notices, file appropriate documents and distribute assets.

Willis Law is a full-service practice, but estate planning, elder law, probate and trust matters form a substantial part of its work. That breadth allows the firm to address planning, administration and litigation when disagreement develops over a will, trust or inheritance.

A Plan for Incapacity Can Be as Important as a Plan for Property

Estate planning is often associated with death, but some of its most important documents operate during the person’s lifetime. A serious illness, injury or cognitive decline can leave someone unable to manage financial affairs or communicate medical choices.

A durable financial power of attorney can authorize a selected person to handle specified financial responsibilities. Without appropriate authority, relatives may be unable to access accounts, manage property or complete transactions even when they are trying to help. A court proceeding may then be necessary to establish who can act.

Medical powers of attorney and advance healthcare directives address personal and treatment decisions. These documents allow someone to identify a trusted decision-maker and record instructions concerning care if the individual can no longer communicate independently. A living will may provide additional guidance regarding end-of-life treatment.

Willis Law prepares durable powers of attorney, medical powers of attorney, advance healthcare directives and living wills. It also handles guardianship and conservatorship proceedings when a court-appointed decision-maker is needed for an adult or minor.

When a Parent Wants to Protect a Child’s Inheritance

Parents may want their children to inherit, but an immediate transfer is not always appropriate. A young beneficiary may not have the experience to manage a large sum, while a child or adult with a disability may depend on needs-based government benefits.

A trust can allow property to remain under the management of a trustee rather than being distributed outright. The trust can establish instructions for how funds may be used and when distributions should occur. Parents must decide who should serve as trustee and consider whether that person can manage records, investments and beneficiary requests over time.

Planning for a beneficiary with a disability can require particular care. A direct inheritance may affect eligibility for some public-benefit programs. Willis Law handles planning for disabled individuals, including special-needs trusts designed to supplement other sources of assistance without simply transferring the inheritance directly to the beneficiary.

Families may also need to coordinate the trust with beneficiary designations on retirement accounts, life insurance and other assets. A trust can accomplish its intended purpose only if the family’s property and account instructions are arranged consistently with the plan.

A Spouse or Parent May Need Nursing-Home Care

The need for long-term care can develop gradually or follow a sudden medical event. Families may be trying to determine what kind of care is needed, how it will be paid for and what the financial consequences will be for a spouse who remains at home.

Willis Law handles elder-law matters involving Medicaid and nursing-home planning. Medicaid eligibility rules may affect income, savings and property, and the circumstances can differ depending on whether the person seeking benefits is married or single. The timing of transfers and other financial decisions can also matter.

For an adult child assisting a parent, the legal questions may extend beyond eligibility. The family may need to determine who has authority to manage accounts, communicate with providers or make healthcare decisions. Existing powers of attorney should be reviewed to understand what authority has already been granted.

Long-term-care planning may need to be coordinated with the family’s estate plan rather than handled as an isolated application for benefits. Decisions about a home, trust or other property can affect both present care needs and what ultimately passes to the next generation.

When Retirement Benefits and Other Accounts Pass Outside a Will

A will does not necessarily control every asset. Retirement accounts, pensions, life insurance and payable-on-death accounts may pass according to beneficiary designations. Jointly owned property may transfer under its ownership arrangement.

Willis Law’s estate-planning work addresses pensions and retirement benefits, including 401(k), 403(b), IRA, ESOP and public-employee retirement accounts. These assets can represent a substantial portion of a family’s wealth, making the beneficiary choices especially important.

A designation completed years earlier may no longer reflect current relationships. Marriage, divorce, the birth of a child or the death of a beneficiary can create reasons to review account instructions along with the rest of the estate plan.

Coordinating these assets requires determining how each one transfers rather than assuming the will overrides every prior designation. The objective is for the documents, ownership arrangements and beneficiary instructions to produce a consistent result.

A Farm, Professional Practice or Family Business Requires Additional Planning

A closely held business may provide income for the owner’s family and represent much of the owner’s net worth. If the owner dies or becomes incapacitated, uncertainty about control can affect relatives, co-owners, employees and customers.

Willis Law handles estate planning for business owners and farmers, along with business-succession and estate-tax planning. A succession plan can address who should assume ownership or management and how the interests of family members who do not participate in the business should be considered.

Professionals may also have concerns about protecting accumulated assets from risks connected with their work. The firm provides asset-protection planning for doctors, other medical professionals, business owners, accountants, real-estate professionals and other clients whose occupations or assets may expose them to creditor or litigation risks.

These strategies depend on the property involved and the risks the client is attempting to address. Business entities, trusts, insurance and personal estate documents may all play different roles. Planning before a claim or crisis arises generally presents different options from attempting to reorganize property after a problem has developed.

After a Death, the Personal Representative Faces a Long List of Responsibilities

A personal representative may be expected to settle an estate without having performed that role before. The work can include locating assets, determining whether probate is required, notifying interested parties, addressing creditor claims, handling tax matters and distributing the remaining property.

Michigan probate may proceed formally or informally, and some estates may qualify for simplified procedures. Supervised probate may be appropriate when closer court oversight is needed. The correct process depends on the estate, the interested parties and whether conflict is likely.

Creditor claims require particular attention. The personal representative may need to provide or publish notice and determine whether claims should be paid or challenged. Distributing property before debts, expenses and taxes are properly addressed can create additional problems.

Willis Law handles estate administration, formal and informal probate, supervised proceedings, small-estate procedures, creditor claims and tax matters arising during administration. It also assists with ancillary administration when a Michigan decedent owned property in another state or another jurisdiction must address property located here.

A Trustee Must Follow the Trust After the Person Who Created It Dies

A trust may keep properly titled assets outside probate, but it does not eliminate administration. After the person who created the trust dies, the successor trustee must determine what the trust owns and follow its instructions.

The trustee may be required to notify beneficiaries and other interested parties, obtain control of trust property, maintain records and address outstanding expenses. The trustee must then manage or distribute property according to the trust’s terms.

Some trusts call for prompt distribution, while others continue for children, disabled beneficiaries or other family members. Continuing trusts can require ongoing decisions about investments, expenses and beneficiary requests.

Willis Law assists trustees with notice requirements, administration and division of trust property. Legal guidance can help a trustee understand the difference between personal preferences and the fiduciary responsibilities imposed by the trust.

When Family Members Challenge a Will, Trust or Inheritance

Disagreement after death can arise for many reasons. A relative may question whether a will is valid, believe that someone improperly influenced the person who signed it or object to the way a personal representative or trustee is managing property.

Other disputes concern interpretation. Beneficiaries may disagree about what a document means, who is entitled to particular property or whether a fiduciary has followed the required instructions. Conflict may also develop over creditor claims, accountings or the sale of estate assets.

Willis Law handles probate, estate and trust litigation, including will contests. Its services include representing parties both in and outside court when disputes arise over assets, administration or a fiduciary’s conduct.

Litigation can affect family relationships as well as the value of the estate. Identifying the specific disputed action, the governing documents and the available records is an important part of determining whether the matter can be resolved or requires a court decision.

Serving West Michigan From Kalamazoo, Grand Rapids and Paw Paw

Willis Law is headquartered in Kalamazoo and maintains additional Michigan offices in Grand Rapids and Paw Paw. The firm describes its service area as West Michigan and provides estate planning, elder-law and probate services through its Michigan locations.

The firm also has an office in Chicago. Families with property or interests outside Michigan may encounter questions about which jurisdiction must handle particular assets, although the necessary proceedings depend on where the property is located and how it was owned.

Practice Areas

• Estate Planning

• Wills, Trusts & Powers of Attorney

• Elder Law & Medicaid Planning

• Special-Needs & Disability Planning

• Guardianships & Conservatorships

• Probate & Estate Administration

• Trust Administration

• Estate, Trust & Probate Litigation

• Business Succession & Asset Protection