Probate and Estate Law
What is an Estate Plan?
There are three types of estate plans to direct the disposition of your estate after your death.
Joint tenancy means placing another person’s name on your property such as your home, bank accounts, investments etc. If you pass away, the assets belong to the other owner. This works best for married couples, but there are problems with putting your children’s names on these assets.
A will is a document that directs how you want your property distributed after your death. It must be executed according to Michigan law. Although anyone can draft their own will, it is better to hire an attorney to do it. Keep in mind that a will does not avoid Probate Court.
A Revocable Living Trust is a document where a person creates a separate entity,
called a living trust. The individual transfers his assets into the trust; the person or persons name themselves as trustee and appoint a separate individual as successor trustee. If properly setup, the estate will avoid probate. The trust not only directs how the assets wil be distributed after death but provides for someone to handle your affairs if you become disabled.
Is Probate as Bad as Everyone says it is?
No. Property, must be probated when all the owners of title are deceased. Property means anything that is titled, such as a home, bank account, IRAs, stock or cars.
Unless an estate is contested, which is rare, Probate is complicated but not difficult. A personal Representative must be appointed by the Court, and that personal representative then has full power to handle the estate. The personal representative is responsible to the heirs to follow the terms of the will or Michigan law for estates without wills. The Probate Court has a minimum filing fee of $161.00 and collects a small percentage of the Estate value. For example for an estate worth $100,000, the fee would be $363.00.
Usually there are no Court hearings and the lawyer can handle everything in Court. The biggest expense in Probate is usually the attorney fee. This can all be avoided by a revocable living trust.
Traffic Violations and Misdemeanors
For most people, a traffic ticket is their only involvement with the criminal justice system. For others it is a misdemeanor charge. I have extensive experience handling misdemeanors and civil infractions.
I Just Received a Traffic Ticket That I Think is Unfair.
What Can I Do?
Most traffic tickets (speeding, red lights, stop signs) are civil infractions. They are punishable by fine only. If you receive a civil infraction, you have three options:
Pay the ticket.
Request an informal hearing. These are usually held before a District Court Magistrate rather than a Judge. Neither party has an attorney in an informal hearing. The hearing is between the officer or his representative and you. The officer must prove by a preponderance of the evidence that you are responsible for the violation. If you are found responsible the magistrate will assess a fine, or if you are found not responsible, you will not be fined.
Request a formal hearing. A formal hearing will be held in front of a District Court Judge. The people will be represented by a city Attorney or a county prosecutor. Again the Judge must find you are responsible by a preponderance of the evidence.
PLEASE NOTE. IF YOU PAY A TICKET OR ARE FOUND RESPONSIBLE FOR A MOVING VIOLATION THE COURT MUST REPORT THE FINDING TO THE SECRETARY OF STATE AND THE SECRETARY OF STATE WILL ASSESS POINTS TO YOUR RECODR.
I Have Been Charged With a Misdemeanor What are My Options?
A misdemeanor is any crime which can be punishable by up to 93 days in jail and a fine of $100.00 or more. These are serious offenses. Traffic misdemeanors include operating while intoxicated, driving while suspended, and reckless driving. Non traffic misdemeanors include domestic violence, assault and possession of a controlled substance. These are serious offenses and you should not try to represent yourself but at least consult a lawyer.
The Prosecution must prove guilt beyond a reasonable doubt and you have constitutional protections such as the right to remain silent, the right to confront all witnesses against you, and if you are indigent, the right to have counsel appointed to represent you.
Only an attorney can assess the case and determine your chances to prevail at trial. Often if the case against you is strong, an attorney can work a plea bargain.
PLEASE BE ADVISED THAT I AM A PART-TIME MAGISTRATE IN THE TWENTIETH DISTRICT COURT. BECAUSE I AM ON THE STAFF, I CANNOT TAKE ANY CASES PENDING IN THAT COURT.
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