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Estate Creditors

If you are worried about or being contacted by an estate creditor you should know that estates can protect individuals.

In the State of Michigan there are four important and very confusing things most people will never understand about estate creditor laws. This is why its important for anyone concerned about the said laws to contact us and seek legal help to avoid larger mistakes that could cost you.

  1. Unless notice has already been given, upon appointment a personal representative shall publish, and a special personal representative may publish, a notice as provided by supreme court rule notifying estate creditors to present their claims within 4 months after the date of the notice’s publication or be forever barred. A personal representative who has published notice shall also send, within the time prescribed in subsection.
  2. A copy of the notice or a similar notice to each estate creditor whom the personal representative knows at the time of publication or during the 4 months following publication and to the trustee of a trust described in section 7605(1) as to which the decedent is settlor. For purposes of this section, the personal representative knows a creditor of the decedent if the personal representative has actual notice of the creditor or the creditor’s existence is reasonably ascertainable by the personal representative based on an investigation of the decedent’s available records for the 2 years immediately preceding death and mail following death. (2) Notice to a known creditor of the estate shall be given within the following time limits: (a) Within 4 months after the date of the publication of notice to creditors. (b) If the personal representative first knows of an estate creditor less than 28 days before the expiration of the time limit in subdivision (a), within 28 days after the personal representative first knows of the creditor.
  3. If the personal representative or the attorney for the estate in good faith believes that notice to a creditor of the estate is or may be required by this section, and if the personal representative gives notice based on that belief, neither the personal representative nor the attorney is liable to any person for having given notice.
  4. If the personal representative or the attorney for the estate in good faith believes that notice to a person is not required by this section and if the personal representative fails to give notice to that person based on that belief, neither the personal representative nor the attorney is personally liable to any person for the failure to give notice. Liability, if any, for failure to give notice is on the estate.

The Benefits of Estate Planning

Planning for your estate is a smart idea; if you do not make a plan for what will happen to your estate – another word for your assets and property – then the future of your estate will be uncertain. While Michigan law will still allow your estate to go to your closest relatives, who gets what will be out of your control.

In addition to making it clear how your assets will be distributed upon your death, estate planning also allows you to ensure that your loved ones are provided for, including a spouse, minor children, grandchildren, or disabled family members. An estate plan can also minimize the stress experienced by family members when you die, and avoid the tedious probate process. An estate plan that is well-devised can also minimize tax liabilities, too.

All individuals who own assets should consider an estate plan; for those with significant wealth, an estate plan is a necessity.

Our Estate Planning Attorneys are Ready to Serve You!

Do not put your future at risk; if you do not have an estate plan already, the time to create one is now. We can help – contact us today!

(616) 361-8400

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