Probate and estate planning touch every family eventually. Whether you are planning ahead to protect the people you love or dealing with the estate of someone who has recently passed, the legal process involved can feel complicated and unfamiliar at a time when everything else already feels difficult. Mihelich & Kavanaugh, PLC has been helping Clinton Township residents navigate probate and estate planning matters for decades. We understand what families in this community are dealing with, and we are here to make the process as clear and manageable as possible.
What Is Probate and When Does It Apply in Michigan
Probate is the legal process through which a deceased person’s estate is administered and settled under court supervision. When someone passes away owning assets in their name alone—without a joint owner, a designated beneficiary, or a trust—those assets typically need to go through probate before they can be transferred to heirs.
In Michigan, probate proceedings are handled at the county level. For Clinton Township residents, that means the Macomb County Probate Court. The court validates any existing will, appoints a personal representative to manage the estate, oversees the payment of debts and taxes, and ultimately approves the distribution of remaining assets to beneficiaries. The timeline and complexity of probate depend heavily on the size of the estate, whether a valid will exists, and whether any disputes arise.
Not everything goes through probate. Assets held in a trust, accounts with named beneficiaries such as life insurance policies and retirement accounts, and property held jointly with right of survivorship all pass outside of probate entirely. Understanding which assets are subject to probate and which are not is an important part of both settling an existing estate and planning your own.
Estate Planning Services for Clinton Township Residents
Effective estate planning is about more than drafting documents—it is about making deliberate decisions now so that the people and things you care about are protected later. At Mihelich & Kavanaugh, PLC, we work with Clinton Township clients across all stages of life to put plans in place that reflect their actual goals and circumstances.
Our estate planning services cover the full range of tools that Michigan residents need. A last will and testament establishes how your probate assets are distributed, names an executor to carry out your wishes, and—critically for parents—designates a guardian for minor children. A revocable living trust allows your assets to pass to beneficiaries without going through probate at all, which saves time, preserves privacy, and keeps the process out of court entirely.
We also prepare durable financial powers of attorney, which authorize a trusted person to manage your financial affairs if you become incapacitated, and patient advocate designations, which give someone the authority to make healthcare decisions on your behalf. These documents work together to ensure that both your finances and your medical care are handled according to your wishes—without requiring a court proceeding to accomplish it.
Probate Administration – Supporting Personal Representatives and Families
When a loved one passes away, someone has to step up to settle their affairs. If a will exists, the named executor takes on that role. If there is no will, the court appoints an administrator. Either way, the personal representative has legal responsibilities that must be carried out correctly—and that can be overwhelming for someone who has never been through the process before, especially while also grieving.
Our attorneys guide personal representatives through every stage of probate administration. That includes filing the initial petition with the Macomb County Probate Court, notifying creditors and heirs, inventorying estate assets, managing the payment of outstanding debts and taxes, and ultimately distributing what remains according to the will or Michigan’s intestacy laws. We handle the legal complexity so that families can focus on what matters most.
We also assist when probate becomes complicated. Disputed wills, disagreements among beneficiaries, questions about asset valuation, and challenges to the personal representative’s conduct all require experienced legal handling. Our firm has navigated these situations before and knows how to work toward resolution efficiently.
Trusts – Planning That Works Beyond a Will
For many Clinton Township families, a trust-based estate plan offers advantages that a will alone cannot. A revocable living trust avoids probate, speeds up asset distribution, and keeps the details of your estate private. An irrevocable trust can serve other purposes—protecting assets, providing for a beneficiary with special needs without affecting their government benefits, or establishing a structure for preserving family wealth across generations.
Trusts are not exclusively for wealthy families. Any Clinton Township resident who owns a home, has investment accounts, or wants to ensure a smooth and private transfer of assets to their loved ones may benefit from a trust. Our attorneys evaluate each client’s specific situation and recommend the approach that genuinely serves their goals—not a one-size-fits-all solution.
Conservatorship and Guardianship When a Loved One Cannot Care for Themselves
Sometimes a family member becomes unable to manage their own affairs due to age, illness, injury, or disability—and no planning documents are in place to address it. When that happens, the family may need to seek a formal guardianship or conservatorship through the probate court. A guardian is appointed to make personal care decisions for someone who is incapacitated. A conservator manages their financial affairs.
These proceedings involve petitioning the Macomb County Probate Court, a review process, and an ongoing relationship with the court after appointment. Our attorneys represent families in establishing these arrangements and help appointed guardians and conservators understand and fulfill their ongoing obligations. We also help clients avoid this process altogether by ensuring that appropriate powers of attorney and healthcare directives are in place before they are needed.
Why Planning Matters for Clinton Township Families
Clinton Township is a community where families put down roots. People own homes here, raise children here, build businesses here, and grow old here. The estate planning decisions made—or not made—shape what happens to all of that when life circumstances change. A plan that was adequate ten years ago may not reflect current assets, family relationships, or wishes. And no plan at all leaves those decisions to state law and the courts.
The most common reason people delay estate planning is that it can feel uncomfortable to confront. Our attorneys approach these conversations with patience and clarity. There is no pressure, no jargon, and no one-size-fits-all solution. We listen to what our clients want to accomplish, explain the options that are available under Michigan law, and build a plan that actually fits their life.
Contact a Clinton Township Probate and Estate Planning Lawyer Today
Whether you are ready to put an estate plan in place, are serving as a personal representative for a loved one’s estate, or need help navigating a guardianship or conservatorship matter, Mihelich & Kavanaugh, PLC is ready to help. We offer consultations to Clinton Township residents and provide the kind of personalized, responsive service that has kept clients coming back to our firm for generations.
Call our office or contact us online today to schedule your consultation. The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.
