Frequently Asked Questions
Answers to common questions about estate planning, elder law, probate, business law, and landlord-tenant matters in Michigan. Don't see your question? Get in touch.
Working with Harbor Law
Do you offer a free initial consultation?
Yes. We offer a complimentary initial consultation to discuss your situation and help you understand your options. There's no obligation, and it's a good way to make sure we're a fit before moving forward.
Do you meet in person or virtually?
Both. We meet clients in person at our Grand Rapids office and also offer virtual consultations via video call. Many clients find it convenient to handle much of the process remotely, with in-person signing when needed.
How long does the estate planning process take?
A straightforward estate plan—will, trust, and powers of attorney—typically takes two to four weeks from our initial meeting to signing. More complex situations may take longer. We'll give you a realistic timeline upfront.
Do you work with clients outside of Grand Rapids?
Yes. We serve clients throughout Michigan. Most of the process can be handled remotely, and we can accommodate signing arrangements for clients who aren't local.
Estate Planning
What's the difference between a will and a revocable living trust?
A will takes effect at death and must go through probate—a court-supervised process—before your assets are distributed. A revocable living trust holds your assets during your lifetime and transfers them directly to your beneficiaries after death, bypassing probate entirely. Trusts also provide a plan if you become incapacitated, which a will alone doesn't.
Do I need a trust, or will a will be enough?
It depends on your goals and situation. A will is often sufficient for simpler estates, but a trust is worth considering if you own real estate, want to avoid probate, have minor children, have a blended family, or want more control over how and when assets are distributed. We'll walk through the tradeoffs with you during your consultation.
What happens if I die without a will in Michigan?
Michigan's intestate succession laws determine who inherits your estate—typically a spouse, then children, then other relatives in a set order. This may not match your wishes, and the process goes through probate. If you have minor children, a court will appoint a guardian rather than the person you would have chosen. Having a will gives you control over these decisions.
What is a durable power of attorney and do I need one?
A durable power of attorney authorizes someone you trust to manage your financial and legal affairs if you become incapacitated. Without one, your family may need to go to court to obtain a conservatorship—an expensive and time-consuming process—just to pay your bills or manage your accounts. It's one of the most important documents in any estate plan.
When should I update my estate plan?
You should review your plan after major life events: marriage, divorce, the birth of a child or grandchild, a significant change in assets, the death of a beneficiary or named trustee, or a move to a different state. As a general rule, reviewing every three to five years is a good habit even if nothing major has changed.
Elder Law
What is Medicaid planning and when should I start?
Medicaid planning involves structuring your assets and finances to qualify for Medicaid long-term care benefits while protecting what you've built for your family. Michigan has a five-year look-back period, meaning transfers made within five years of applying for Medicaid can affect eligibility. Starting early—well before you need care—gives you the most options. Once a crisis occurs, the strategies available become more limited.
What's the difference between a power of attorney and guardianship?
A power of attorney is a document you sign voluntarily while you have capacity, naming someone to act on your behalf. Guardianship is a court-supervised process that becomes necessary when someone lacks capacity and didn't put a power of attorney in place. Guardianship is more costly, more restrictive, and takes control away from your family. Proper planning with a power of attorney avoids it in most cases.
What is a Lady Bird deed and is it useful in Michigan?
A Lady Bird deed (also called an enhanced life estate deed) allows you to transfer real estate to a beneficiary automatically at your death while retaining full control—and the right to sell or mortgage—during your lifetime. Michigan is one of the few states that recognizes them. They're a simple, cost-effective way to pass a home outside of probate and can be useful in Medicaid planning as well.
Probate
Does everything have to go through probate in Michigan?
No. Assets that pass by beneficiary designation (retirement accounts, life insurance, payable-on-death accounts) or by joint ownership transfer automatically and avoid probate. Assets held in a trust also pass outside probate. Probate generally applies to assets titled solely in the deceased person's name without a designated beneficiary.
How long does probate take in Michigan?
Michigan probate typically takes six months to a year for a straightforward estate. Contested estates, creditor disputes, or complex asset situations can extend that timeline significantly. The process involves notifying creditors, paying debts, filing with the court, and ultimately distributing assets—all on a court-supervised schedule.
Can a trust help my family avoid probate?
Yes. A properly funded revocable living trust is one of the most effective ways to avoid probate in Michigan. The key word is funded—assets must actually be transferred into the trust during your lifetime. An unfunded trust provides little benefit. We help clients with trust funding as part of the estate planning process to make sure the plan works as intended.
Business Law
Should I form an LLC or a corporation for my business?
For most small businesses in Michigan, an LLC is the simpler and more flexible choice. It provides liability protection, allows for pass-through taxation, and requires less ongoing formality than a corporation. A corporation (S-corp or C-corp) may make more sense depending on your ownership structure, outside investors, or long-term goals. We'll help you evaluate the tradeoffs based on your specific situation.
What should be in an operating agreement?
An operating agreement governs how your LLC is run. It should cover ownership percentages, how profits and losses are allocated, how decisions are made, what happens if an owner wants to leave or sell their interest, and what happens on the death or incapacity of an owner. Michigan doesn't require an operating agreement, but operating without one—or with a generic template—creates real risk.
What is a buy-sell agreement and do I need one?
A buy-sell agreement sets the terms for what happens to a business owner's interest if they die, become disabled, retire, or want to exit the business. It prevents situations where a deceased owner's share ends up with family members who have no interest in running the business, and it establishes a fair valuation process. If you have a business partner, a buy-sell agreement is essential.
Landlord & Tenant Law
What steps are required before I can evict a tenant in Michigan?
Michigan evictions follow a specific legal process. You must first serve the tenant with written notice—the type and length depends on the reason for eviction (non-payment, lease violation, end of tenancy, etc.). If the issue isn't resolved, you file a complaint with the district court, attend a hearing, and obtain a judgment for possession. Skipping steps or serving improper notice can restart the process. Getting it right the first time matters.
What are Michigan's rules on security deposits?
Michigan law limits security deposits to one and a half times the monthly rent. You must deposit the funds in a financial institution and provide written notice of where the deposit is held within 14 days of receiving it. At move-out, you have 30 days to return the deposit or provide an itemized written statement of deductions. Failing to follow these rules can result in forfeiting your right to keep any portion of the deposit.
Should I use a standard lease form or have one drafted?
A generic lease form may not reflect Michigan law, your specific property, or your preferences as a landlord. A well-drafted lease addresses pet policies, maintenance responsibilities, entry notice requirements, late fees, and how disputes are handled—in language that holds up if you ever need to enforce it. For landlords with multiple units or ongoing rental activity, a custom lease is worth the investment.
Still have questions?
Every situation is different. Reach out and we'll make sure you have the information you need.
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