📝 Estate Planning FAQs

What is the definition of estate planning?

Estate planning is the legal process of arranging how your assets will be managed and distributed during your lifetime and after death. It often includes preparing wills, trusts, powers of attorney, and healthcare directives.
At The Braxton Law Firm, PC, our goal is to help you preserve your legacy while protecting your loved ones. Learn more on our Estate Planning page.

What is the purpose of estate planning?

The purpose of estate planning is to:

  • Ensure your wishes are honored

  • Avoid family disputes

  • Reduce taxes and court involvement

  • Designate guardians for minor children

  • Provide peace of mind

Proper planning avoids costly and time-consuming court processes like probate, and gives your loved ones clear guidance.

Is estate planning the same as a will?

No. A will is just one part of an estate plan. A comprehensive estate plan may also include:

  • Revocable or irrevocable trusts

  • Durable powers of attorney

  • Living wills and healthcare proxies

Visit our Estate Planning page to explore more.

⚖️ Probate FAQs

What is probate administration?

Probate administration is the legal process of managing and settling a deceased person’s estate. This includes validating the will, paying debts and taxes, and distributing assets to beneficiaries. At The Braxton Law Firm, PC, we assist families throughout Southeast Michigan with every step of the probate process.

Do all estates go through probate administration?

Not all estates require probate. Small estates or assets held in a trust may avoid probate. However, if the deceased owned property solely in their name, probate administration is often required to transfer ownership legally. Contact us to find out if probate applies to your situation.

How long does the probate administration process take in Michigan?

The timeline varies depending on the complexity of the estate and whether the process is contested. Most probate administrations in Michigan take between 6 to 12 months. Our legal team works efficiently to ensure timely resolution for our clients.

What happens if someone dies without a will?

If no will exists, the estate goes through intestate probate administration. This means Michigan’s intestacy laws will determine how the estate is distributed. We can help you navigate this process and ensure your loved one’s estate is handled properly.

Can I avoid probate administration?

Yes, some people choose estate planning tools like revocable living trusts, joint ownership, or beneficiary designations to avoid probate. Learn more on our Estate Planning page or schedule a free consultation to discuss your options.

How much does probate administration cost in Michigan?

Costs can vary based on the size and complexity of the estate. Fees may include court filing fees, attorney’s fees, and administrative costs. At The Braxton Law Firm, PC, we offer transparent pricing and can provide a cost estimate during your initial consultation.

👨‍👩‍⚖️ Guardianship & Conservatorship FAQs

What is guardianship?

Guardianship is a legal arrangement where the court appoints someone to make personal and medical decisions on behalf of a minor or incapacitated adult.
We assist with guardianship petitions for minors and adults across Southeast Michigan.

What is conservatorship?

A conservatorship gives a court-appointed individual the authority to manage someone's financial affairs when they are unable to do so themselves due to age, illness, or disability.
Our firm handles conservatorship filings for elderly or incapacitated individuals with attention and care.

What if someone disputes a guardianship or conservatorship?

When disagreements arise—such as who should be appointed—the court may require a hearing. We offer strong legal representation in contested guardianship and conservatorship proceedings, advocating for what’s best for the individual in question.

Do I need an attorney for guardianship or conservatorship in Michigan?

While not legally required, having an attorney ensures your case is handled correctly. The process involves strict rules, required documentation, and sometimes court appearances.
At The Braxton Law Firm, PC, we guide clients step-by-step to make the process as smooth as possible.

Can I avoid probate administration?

Yes, some people choose estate planning tools like revocable living trusts, joint ownership, or beneficiary designations to avoid probate. Learn more on our Estate Planning page or schedule a free consultation to discuss your options.

How much does probate administration cost in Michigan?

Costs can vary based on the size and complexity of the estate. Fees may include court filing fees, attorney’s fees, and administrative costs. At The Braxton Law Firm, PC, we offer transparent pricing and can provide a cost estimate during your initial consultation.