Xuereb Law Group, Attorneys at Law

Probate, Trust & Estate Litigation Attorneys in Livonia, Michigan

Xuereb Law Group is a Livonia law firm with a substantial practice in probate, trust administration, estate and trust litigation, estate planning, elder law, and guardianships and conservatorships. The firm represents families in routine estate matters as well as disputes that arise when beneficiaries, fiduciaries, or other interested parties disagree over a loved one's property or estate plan.

Attorney Joseph M. Xuereb has practiced law since the late 1980s and devotes a significant portion of his practice to litigation. He also served as Wayne County Public Administrator from 2013 through 2017. Attorney Brennan R. Giese's practice likewise includes probate and probate litigation.

When a Parent's Will or Trust Is Suddenly Changed

Questions can arise when a parent changes a longstanding estate plan late in life and the new documents substantially alter who receives the estate.

Family members may be concerned that the parent lacked sufficient capacity to understand what was being signed or that another person exerted undue influence or pressure. Other disputes can involve allegations of duress, fraud, improper execution, or the discovery of another will or estate document.

Xuereb Law Group represents clients in will and trust contests involving these issues. The firm can represent parties challenging an estate document as well as those seeking to defend the validity of the deceased person's plan.

These cases are fundamentally different from routine probate administration because the court may first need to determine which documents or instructions should govern before the estate can be settled.

When a Trustee or Personal Representative Is Accused of Mishandling Assets

Being named trustee or personal representative creates responsibilities to the trust, estate, and beneficiaries. Problems can develop when beneficiaries believe the person in charge is not fulfilling those obligations.

Xuereb Law Group handles disputes involving alleged breaches of fiduciary duty as well as proceedings seeking removal of trustees and personal representatives.

For a family, the disagreement may concern how property is being managed, whether estate or trust assets are being handled appropriately, or whether the fiduciary should remain in control. These disputes can require court intervention when the parties cannot resolve their concerns through the ordinary administration process.

Mom Added Someone to Her Bank Account—Who Owns the Money After She Dies?

Joint bank accounts can become a source of conflict after a death, particularly when an older parent added an adult child or another person to an account.

The arrangement may have been created simply so someone could help pay bills or manage finances. After the parent's death, however, disagreements can develop over whether the surviving account holder owns the money or whether some or all of it belongs to the estate.

Xuereb Law Group handles disputes involving joint bank accounts as part of its probate-litigation practice. These cases can require examination of the circumstances surrounding the account and the competing claims to the funds rather than assuming the answer is apparent simply from the names appearing on the account.

When a Parent's House Was Transferred Before Death

Real estate can generate another difficult estate dispute when family members discover that a parent's property changed ownership before the parent died.

Questions may arise about why the transfer occurred, whether the parent understood it, and whether another person improperly obtained an interest in the property. Xuereb Law Group handles probate litigation involving real estate and title disputes, including claims concerning property allegedly taken from someone before death.

These cases can combine probate, property, and litigation issues. Resolving ownership may be necessary before the family can determine whether the property belongs in the estate and how it should ultimately be handled.

When You Become Responsible for Settling an Estate

Many probate matters do not involve family litigation. After a death, someone still needs to take responsibility for administering property that must pass through the probate estate.

Xuereb Law Group represents personal representatives through the probate process, including matters involving appointment of the representative, identifying and inventorying assets, creditor claims, tax issues, real-estate sales, distributions to beneficiaries, and closing the estate.

For someone administering a parent's estate for the first time, these responsibilities can be unfamiliar. The personal representative must move beyond locating the will and determine what property exists, what obligations must be addressed, and what needs to occur before beneficiaries can receive their distributions.

When You're Named Successor Trustee After a Death

Property held in trust may avoid probate, but someone still has to administer the trust after the person who created it dies.

Xuereb Law Group assists successor trustees with trust administration. The trustee may need to take control of trust property, understand the terms of the trust, address administrative obligations, communicate with beneficiaries, and eventually make distributions according to the trust's instructions.

A trust can therefore change the process a family encounters after death, but it does not eliminate the responsibilities involved in settling the deceased person's affairs.

When an Aging Parent Can No Longer Make Decisions Independently

Families may need court intervention when an aging, ill, or disabled person can no longer adequately manage personal or financial matters and sufficient arrangements are not already in place.

Xuereb Law Group handles guardianship and conservatorship proceedings. These cases can establish legal authority for another person to address personal-care or financial responsibilities when an individual is unable to manage independently.

The firm's estate-planning practice also includes durable powers of attorney and patient advocate designations. Planning while someone still has capacity can allow that person to choose trusted decision-makers in advance rather than leaving the family to address questions of authority after a crisis develops.

Planning for a Child or Adult With Special Needs

Estate planning can require additional consideration when a beneficiary has a disability or other continuing support needs.

Xuereb Law Group handles planning for minors and adults with special needs, including special-needs trusts. Families can use these arrangements to consider how resources should be managed for a beneficiary rather than relying solely on an outright inheritance.

The firm's elder-law practice also addresses long-term-care planning and long-term-care insurance, allowing families to consider future care needs as part of a broader planning discussion.

Putting an Estate Plan in Place Before Problems Arise

Xuereb Law Group's work is not limited to situations in which someone has already died or a dispute has reached court. The firm also prepares estate plans intended to establish a client's instructions before those problems occur.

Its planning services include wills, trusts, durable powers of attorney, patient advocate designations, beneficiary planning, end-of-life decisions, funeral arrangements, and planning intended to reduce unnecessary probate.

For families, the objective may include deciding who should receive property, who should manage affairs during incapacity, who should make healthcare decisions, and who will ultimately be responsible for carrying out the plan.

A Livonia Firm Serving Metro Detroit Families

Xuereb Law Group is located on Six Mile Road in Livonia and represents clients throughout Metro Detroit. The firm specifically identifies Livonia, Canton, Plymouth, Northville, and Dearborn among the communities it serves.

Its combination of estate planning, administration, and litigation allows the firm to work with families at markedly different stages—from putting a plan in place to administering an estate or trust and resolving disputes when family members cannot agree about what should happen.

Practice Areas

• Estate Planning

• Wills

• Trusts

• Durable Powers of Attorney

• Patient Advocate Designations

• Probate Administration

• Trust Administration

• Estate Litigation

• Probate Litigation

• Will & Trust Contests

• Fiduciary Disputes

• Guardianships

• Conservatorships

• Elder Law

• Special Needs Planning

• Special Needs Trusts

• Long-Term-Care Planning

• Estate & Gift Tax Planning

• Business Succession Planning