PROBATE

Estate planning is not just about your assets and possessions; it is about what you value. In simplest terms, I strive for your peace of mind.

 

Some of the specific services I provide are:

  • Simple wills, wills and codicils

  • Revocable and irrevocable trusts

  • Living trusts

  • Special needs trusts

  • Family-help foundations and trusts

  • Durable powers of attorney

  • Health care directives

  • Asset protection and distribution plannin​g

  • Gift tax avoidance, including income, inheritance and estate

  • Guardianships and conservatorships

  • Charitable giving strategies

  • Probate and estate administration

  • Probate litigation

 

PROBATE & TRUST

Administration

Probate is the legal process by which the assets and liabilities of a deceased individual are organized, addressed and distributed. Probate is triggered when a person dies without a valid last will and testament and a Probate Judge is called upon to determine how the estate will be administered and to whom assets will be distributed. I am trained in the process of probate procedure and skilled in providing not only an expeditious administration of the estate of a decedent, but also the sensitive service that should be a part of the orderly winding up of affairs of a lost loved one.

Litigation

At times, matters involving the administration of a decedent’s estate or trust must be litigated in order to clarify the respective rights and duties of the parties therein. Litigation is used when a last will and testament may contain ambiguities regarding who should inherit a certain item of property or how much a person should receive. It is also used in cases where a trustee may have misappropriated the property of the trust to his benefit or if an heir believes he or she was divested of their rightful inheritance due to unethical or illegal circumstances. In these situations, litigation is the avenue whereby the injured parties (divested heirs, beneficiaries of a trust, etc.) may receive redress for their grievances. I have extensive experience helping heirs and beneficiaries recover their inheritances and bequests, as well as defending wrongfully accused trustees and personal representatives (sometimes referred to as ‘Personal Representatives’) from false accusations of failing to properly perform their duties.

GUARDIANSHIP

Administration

In cases when a person cannot completely care for himself due to a developmental disability, Alzheimer’s disease or other extenuating circumstances, a guardian can be appointed by the Court to oversee that person’s care. Guardianship law specifies the responsibilities of the guardian and the rights of the individual – called the ward – who needs the care. Guardianship law can be complex and difficult to navigate.

Litigation

In certain guardianship matters, litigation is necessary to resolve simple disputes over whether a guardian is necessary or who should fulfill the role of guardian, or more complex disputes centering on whether a guardian should be removed because he or she is improperly executing his or her duties. Guardianship litigation also covers cases where the guardian is accused of misappropriating the property of their ward by misusing the power of attorney.

 

Wealth Preservation

Wealth Preservation ensures the necessary protection, preservation and allocation of a person’s estate. A well drafted estate plan facilitates proper transfer of a person’s assets to his or her loved ones upon that person’s death.

Our Location

20600 Eureka Road, Suite 620

Taylor, MI 48180​

Tel: 734-676-2700

mgilbertlaw@gmail.com

The Law Offices of Marke Gilbert and Associates is a family law firm in Taylor and Royal Oak, Michigan, that serves clients in the Downriver  and Royal Oak  Brimingham areas. Legal Services for the cities of - Taylor, Detroit, Southgate,  Wyandotte, Riverview, Lincoln Park, Allen Park, Trenton, Grosse Ile, Woodhaven, Romulus, Wayne, Westland, Livonia, Warren, Dearborn, Ypsilanti, Westland, New Boston, Inkster, Melvindale, West Bloomfield, Brownstown and Dearborn Heights, Royal Oak, Birmingham, Madison Heights, Berkley, Oak Park, Huntington Woods; Wayne County, Monroe County, Washtenaw County, Macomb County, and Oakland County.

Copyright 2019 Marke Gilbert Associates, PLLC