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August 2012 Archives

Contested will says son must marry his child's biological mother

When making a will, it is important to ensure that all state and federal laws are complied with. If the maker of a will wants to set specific conditions for beneficiaries to meet before they collect any funds, it is important that those conditions are not contrary to state law. A court will not uphold conditions of a will that would force the beneficiary to engage in illegal acts. If the condition is of questionable legality, the beneficiary may be able to challenge the will in court and obtain a portion of the estate without fulfilling the specified conditions.

Michael Jackson's will unlikely to be overturned in litigation

Estate planning can be an emotionally fraught process. Because the planner will not see the end result of the process, it is important to work with an experienced attorney to ensure that any will is legally binding on the executors and that assets are distributed according to the intent of the bequests. In situations in which the family of the maker of a will is likely to be unhappy with the will, measures should be taken to avoid probate. If the will is overturned, assets usually go through probate and are distributed according to state law.

When should a person review an existing Michigan estate plan?

Many people in Michigan may understand the importance of creating a will, or engaging in the process of estate planning. A well-crafted estate plan may not only provide a road map for how assets should be distributed, but may also potentially better preserve family assets and help to potentially reduce family tensions during an emotional time.

Possible issues of capacity and undue influence drive probate dispute

Most people in Michigan understand that estate planning may involve a variety of issues. A will is an important document for a person to create to legally express his or her wishes about how assets should be distributed in the event of death. Wills may be accompanied by the creation of a trust or trusts, powers of attorney and other estate planning tools, each of which accomplish important tasks.

Medical powers of attorney can ease tensions in emotional times

The Pastoral Director at an East South Central United States hospital recently wrote an interesting piece in The Herald Leader about living wills. In Michigan, people can create a living will to help let family members know their true wishes in health care issues.

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