Probate, Estate Planning, and Trust Administration
Campbell, O’Brien and Mistele, P.C. attorneys are experienced in representing individuals in the orderly transfer and disposition of property. We assist with the planning necessary to avoid lengthy court administration and minimize taxation and, should administration become necessary, guide trustees and personal representatives through the process.
The firm advises individuals and families in need of estate planning, both simple and complex plans. We help them transfer wealth efficiently and consistent with the individual client's unique concerns and goals. The firm prepares personalized estate planning documents such as wills, revocable and irrevocable trusts including charitable and personal residence trusts, family business entities including limited liability companies and limited partnerships, durable powers of attorney, and patient advocate designations for financial and medical matters. We also counsel clients on business succession planning, charitable and lifetime gifting opportunities, and various other estate planning techniques. We provide counseling on income, gift, estate, and generation-skipping transfer tax matters.
The firm also provides counsel in post death administration matters by explaining the administration process including the documents and filings involved and post death planning opportunities. We advise fiduciaries of their responsibilities in the administration of the decedent's estate and trust, including the fiduciary's tax and legal obligations. The firm also assists in the preparation of the various filings and tax returns required of the fiduciary.
Probate
If it becomes necessary to probate an individual’s estate, either through a will or due to a lack of estate planning, the firm’s attorneys can—
- Guide heirs and representatives through the process of filing the necessary court pleadings
- Oobtain a tax identification number for proper tax reporting
- Collecting and marshall the decedent’s assets for orderly distribution either according to the decedent’s will or the requirements of Michigan’s intestate succession laws
Estate planning
Estate planning is intended to avoid the legal complications that can accompany the probate process. It ensures that as many assets as possible pass directly to the intended heirs. Estate planning is especially important to business owners to determine to whom, or how, the business will be distributed. For example, with proper planning, a business owner can gift or sell the business to family members and still maintain a retirement income, or if there are partners, a reciprocal buy/sell arrangement can be established whereupon death or retirement the other partners automatically buy his or her shares of the business. Campbell, O’Brien & Mistele, P.C. attorneys can assist individuals in planning to minimize taxation and avoid post-death delays and administration costs.
Trust administration
Trust administration is one estate planning option. Depending on the type of trust set up, it can—
- Reduce estate taxes
- Protect the assets from the beneficiaries' creditors
- Ensure proper investment and management of assets
- Reduce income taxes
There are many types of trusts available, such as—
- Revocable living trusts
- Dynasty trusts
- Life insurance trusts
The experienced attorneys of Campbell, O'Brien & Mistele, P.C. can help you decide what would be the best plan for you, set it up, and administrate it. They can represent the trustees appointed by the client.
Contact us
To assure your estate is distributed according to your wishes and to avoid as many legal complications as possible through the probate process, to handle your probate case, or to discuss your estate planning and trust administration with the experienced attorneys of Campbell, O'Brien & Mistele, P.C., call 248-743-9800 for a free telephone consultation or contact us online. Located in Troy, Michigan, the practice regularly assists clients in the Southeast Michigan area.
