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Probate and Estate Administration

If you have questions about probate, the administration of a decedent's estate, or your rights as an heir or beneficiary under a will or trust, contact an attorney at James P. Montagne, P.C. in Livonia for dependable advice, efficient estate administration service, or experienced advocacy in probate court.

In basic probate cases, we can present and validate the will and discharge all of the estate administration duties of the executor or personal representative. We represent clients in Michigan and from other states who are responsible for the probate of a will in Michigan. The responsibilities of an executor or intestate administrator generally include the following tasks:

  • Notice to heirs, beneficiaries and creditors of the estate
  • Assembly and valuation of assets
  • Review and disposition of claims against the estate
  • Preparing and filing estate tax returns
  • Distributing the estate's assets and preparing the final accounting

We also represent the estate, heirs, trustees or beneficiaries in probate litigation involving contested wills, questions of incapacity or duress, valuation disputes, or title to assets that can arguably be vested in a trust or included in the estate. While most inheritance disputes can be avoided through proper estate planning, clear drafting of the last will and testament, and communication with the heirs and beneficiaries, we are prepared to assert and protect our client's interests in court whenever probate litigation is unavoidable.

We can also advise successor trustees about their duties with respect to the administration of a living trust after the death of the settlor. Once in a while, disputes between income beneficiaries and remainder beneficiaries about the administration of the trust can create problems for the trustee, including allegations of breach of fiduciary duty.

For advice and representation in any probate or estate administration problem, or in litigation over the terms or assets of a trust, contact a knowledgeable probate lawyer at the Law Offices of James P. Montagne, P.C. in Livonia toll-free 1-888-345-7246.

The Law Office of James P. Montagne, P.C., represents clients in Livonia, Detroit, Ann Arbor, Ypsilanti, Brighton, Novi, Farmington Hills, Plymouth, Northville, Flint, Lansing, Wayne County, Oakland County, Washtenaw County, Macomb County and Livingston County, Michigan.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.