Wood, Kull, Herschfus, Obee & Kull, P.C. provides estate planning, probate, and trust administration services to individuals, families, personal representatives, and trustees throughout Michigan. From our Farmington Hills office, our attorneys help clients prepare wills, revocable living trusts, powers of attorney, patient advocate designations, and plans addressing incapacity, asset protection, and the transfer of property.​​

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Robert J. Kull holds a Certificate of Completion in probate and estate planning issued by the Institute of Continuing Legal Education and the Probate and Estate Planning Section of the State Bar of Michigan. Matilda M. Kull also practices in estate planning and probate. She worked closely for four years with the late David L. Kull and David J. Wood, whose decades of experience helped shape the firm’s estate planning and probate practice.

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Estate Planning Services:

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1. Wills, codicils, and durable powers of attorney

2. Medical Durable Powers of Attorney (appointing a patient advocate) and Halachic Wills

3. Living (revocable) trusts, testamentary trusts, charitable trusts, irrevocable trusts and amendments, and special needs trusts

4. Joint asset distribution and agreements

5. Medicaid planning/eldercare planning

6. Conservatorships and guardianships​​

 

Michigan Probate Administration

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When a Michigan estate must be administered through probate court, our firm assists personal representatives and families with every stage of the process, including opening the estate, preparing inventories and accountings, addressing creditor claims, managing or selling estate property, distributing assets, and closing the estate.

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Trust Administration

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We also advise successor trustees regarding their fiduciary duties and the practical administration and distribution of trusts. This includes interpreting trust terms, identifying and valuing assets, communicating with beneficiaries, preparing trust accountings, resolving claims, and completing final distributions.

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Guardianships, Conservatorships, and Elder-Care Planning

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Our firm represents petitioners, fiduciaries, and interested family members in Michigan guardianship and conservatorship proceedings. We also advise guardians and conservators concerning ongoing reporting, accounting, and court requirements.

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When long-term care or nursing-home costs are a concern, we help families evaluate lawful Medicaid and elder-care planning options designed to protect the well-being of the person receiving care and preserve appropriate resources for a spouse who remains at home.

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Michigan Estate Planning and Probate FAQs

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What documents are commonly included in a Michigan estate plan?

 

A basic estate plan commonly includes three core documents: a last will and testament, a financial durable power of attorney, and a patient advocate designation, sometimes called a medical or health care power of attorney. Depending on the client’s assets, family circumstances, and objectives, the plan may also include one or more revocable or irrevocable trusts and other specialized documents. Each estate plan should be tailored to the individual client.

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Why is incapacity planning part of an estate plan?

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An estate plan should address more than the transfer of property at death. Financial or medical incapacity can create significant problems during a person’s lifetime. Durable financial and health care documents allow selected individuals to act when needed and may reduce the likelihood that a court-supervised guardianship or conservatorship will become necessary.

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Does a revocable living trust eliminate the need for a will?

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No. A person with a revocable living trust should generally still have a will. The will can nominate a personal representative and a guardian for minor children and can direct assets remaining outside the trust into the trust after death. Assets left outside the trust may still require probate administration.

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How can a revocable living trust help avoid probate?

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A properly funded revocable living trust may allow trust assets to be administered privately by a successor trustee rather than through the probate court. The person creating the trust generally retains control of the trust assets during life and selects who will manage them following incapacity or death.

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Why is funding a revocable living trust important?

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Signing a trust agreement does not, by itself, place assets in the trust.

Appropriate assets must be transferred to the trust or coordinated with the overall estate plan. Assets that remain individually owned without another method of transfer may still be subject to probate.

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What is the difference between a financial durable power of attorney and a patient advocate designation?

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A financial durable power of attorney authorizes a selected agent to handle specified financial, property, business, tax, and related matters. A patient advocate designation authorizes a selected patient advocate to make health care decisions when the individual is unable to make those decisions. Both documents can include specific instructions and limits on the authority granted.

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Is adding a child or another person as a joint owner a substitute for an estate plan?

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Joint ownership may transfer an asset outside probate, but it can also create unintended consequences. The asset may become affected by the joint owner’s divorce, creditors, bankruptcy, legal judgments, or refusal to cooperate in a later transaction. Joint ownership should be evaluated as part of the entire estate plan rather than used as a substitute for individualized planning.

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When is probate required in Michigan?

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Probate may be necessary when a person dies owning assets individually that do not pass through a trust, joint ownership, or a valid beneficiary designation. The personal representative may be responsible for identifying and protecting estate assets, addressing creditor claims and taxes, preparing inventories and accountings, distributing property, and closing the estate.

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