Estate Planning Attorney in Birmingham
Estate Planning Attorney in Birmingham
Birmingham, Michigan is one of the most affluent communities in Oakland County. Residents here have spent careers building substantial wealth through real estate, professional practices, investment portfolios, and business ownership. The estate planning needs of a Birmingham family are rarely simple, and the consequences of poor planning or no planning at all can affect generations.
At The People’s Firm PLLC, our attorneys work directly with Birmingham families to create legally sound estate plans that reflect their actual financial picture, not a generic checklist. Our firm serves clients in Birmingham, Bloomfield Hills, Beverly Hills, Bingham Farms, and surrounding Oakland County communities.
What Makes Birmingham Estate Planning Different
Birmingham residents face estate planning considerations that are more complex than average. High value real estate, business interests, blended families, retirement accounts, and investment assets all require planning that goes well beyond a basic will.
Under Michigan law, assets that pass through probate become part of a public court record. For families in Birmingham with substantial holdings, that lack of privacy can be significant. More practically, Michigan probate proceedings can take anywhere from several months to over a year before beneficiaries receive anything, and court costs reduce the estate in the process.
The right estate plan addresses all of this before a crisis forces rushed decisions.
Estate Planning Services for Birmingham Families
Revocable Living Trusts
A revocable living trust is the most effective tool for probate avoidance in Michigan. Assets held inside the trust transfer directly to beneficiaries after death without court involvement, without public disclosure, and without the delays that come with probate proceedings.
For Birmingham families with multiple properties, retirement accounts, or investment portfolios, a revocable trust also simplifies management if you become incapacitated. Rather than requiring a court-appointed conservator to step in, your named successor trustee takes over immediately under the terms you set.
One important note: a trust only controls the assets actually transferred into it. Funding the trust properly, meaning re-titling real estate, financial accounts, and other assets in the trust’s name, is as critical as drafting the document itself. Our firm walks clients through every step of that process.
Irrevocable Trusts and Advanced Planning
For families concerned about estate tax exposure, creditor protection, or preserving wealth for future generations, irrevocable trusts offer tools that revocable trusts cannot.
Michigan does not impose a state estate tax, but for Birmingham families with estates approaching or exceeding the federal exemption threshold (currently over $13 million per individual under federal law), advanced planning strategies become relevant. Irrevocable life insurance trusts, qualified personal residence trusts, and other structures can remove assets from a taxable estate while still benefiting family members.
These strategies involve real tradeoffs, including loss of direct control over transferred assets. We explain those tradeoffs clearly so clients can make informed decisions rather than sign documents they do not fully understand.
Wills Services
A legally valid will is the foundation of any estate plan, even when a trust is in place. In Michigan, a valid will requires the signature of the testator and two adult witnesses. Notarization alone does not create a valid will under Michigan law, a distinction that matters and that online template services routinely get wrong.
A will can also accomplish things a trust cannot, including naming a guardian for minor children and directing what happens to personal property that was never transferred into a trust. For Birmingham parents with young children, the guardian designation alone makes a will essential regardless of what other planning is in place.
If you need a simple will or a more complex testamentary trust will that creates a trust upon your death for specific beneficiaries, our firm can advise on which structure fits your situation.
Durable Power of Attorney
A durable power of attorney authorizes a person you designate to manage your financial and legal affairs if you become unable to do so. Without this document in place, your family may need to pursue a court-supervised guardianship or conservatorship proceeding to gain legal authority over your finances, even temporarily.
For Birmingham families, this is particularly relevant in situations involving sudden illness, injury, or cognitive decline. The document can be drafted broadly to cover most financial decisions or narrowly to address specific situations, depending on what fits your circumstances.
Health Care Power of Attorney and Advance Directives
A health care power of attorney is separate from a financial power of attorney. It designates someone to make medical decisions on your behalf if you are unable to communicate your wishes. An advance directive, sometimes called a living will, documents those wishes directly.
Without these documents, medical providers are required to follow default protocols, and family members may disagree about the right course of action. These conflicts are more common than most people expect, and they often arise at the worst possible moment.
Kids Protection Plan
For Birmingham parents with minor children, naming a guardian in a will is the legal mechanism that controls who raises your children if both parents die. Without that designation, a judge decides, and that decision may not reflect what you would have chosen.
Our Kids Protection Plan goes beyond the will to include emergency documents that allow trusted adults to make medical decisions for your children immediately in an emergency, without waiting for court intervention.
Probate and Estate Administration in Birmingham
Even families with well-structured estate plans sometimes face probate, whether because assets were not transferred into a trust, a will is contested, or a family member died without any plan in place.
The People’s Firm PLLC assists executors, trustees, and beneficiaries with formal and informal probate proceedings, trust administration, trust and will disputes, and spousal and family rights matters under Michigan law.
Probate in Oakland County follows the Michigan Estates and Protected Individuals Code (EPIC). The process involves filing a petition with the probate court, providing notice to heirs and creditors, inventorying estate assets, paying valid creditor claims, and distributing the remaining estate to beneficiaries. Informal probate is available for straightforward estates without disputes. Formal probate is required when there are contested issues, missing heirs, or creditor complications.
If you are serving as executor or personal representative of a Birmingham estate and need guidance through that process, our firm can help you meet your legal obligations while protecting the estate and the beneficiaries who depend on it.
Asset Protection Planning for Business Owners and High Net Worth Families
Business owners in Birmingham face a specific risk that purely financial planning does not address: personal liability exposure from the business itself. Without proper structure, a judgment against your business can reach personal assets including your home, investment accounts, and retirement funds.
Lifetime asset protection trusts, LLCs, and domestic asset protection trusts are among the tools we use to create separation between personal wealth and business liability. For families with significant real estate holdings, holding properties inside properly structured entities can reduce exposure while preserving flexibility.
Business succession planning is a related concern for Birmingham business owners who have not documented what happens to the business at death or incapacity. A buy-sell agreement, a succession plan incorporated into your trust, or a combination of both can prevent the business from becoming a source of family conflict rather than a legacy.
Why Birmingham Families Choose The People's Firm PLLC
Estate planning is a decision that affects your money, your family, and the financial future of everyone who depends on you. The People’s Firm is a Michigan estate planning law firm with direct attorney involvement in every client matter. Our attorneys work personally with Birmingham clients rather than delegating client work to paralegals or staff.
We do not offer one-size-fits-all document packages. Every plan we draft reflects the client’s actual assets, family dynamics, and long-term goals. We also explain what we are drafting and why, so clients understand the legal documents they are signing.
Our firm serves clients across Oakland County, including Birmingham, Bloomfield Hills, Beverly Hills, Bingham Farms, Troy, and Royal Oak. We also offer travel services for clients who prefer to meet at home, and rush estate planning for families facing urgent circumstances such as a terminal diagnosis or upcoming surgery.
Speak With an Estate Planning Attorney in Birmingham
If you are a Birmingham resident looking to protect your family’s financial future with a properly structured estate plan, The People’s Firm PLLC is ready to help.
Contact our firm to schedule a consultation, or get started online. We also serve families in nearby communities across Oakland County, including clients in our Dearborn office and across Michigan.
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Common Estate Planning Questions from Birmingham Residents
Does Michigan have an estate tax?
Michigan does not impose a state-level estate tax. Federal estate tax currently applies only to estates exceeding approximately $13.6 million per individual (indexed for inflation). However, federal thresholds are subject to change by legislation, and planning for high-net-worth families should account for that possibility.
What happens if I die without a will in Michigan?
Michigan’s intestate succession laws determine who inherits your estate. Depending on your family situation, the result may not match what you would have wanted. See our detailed guide on what happens if you die without a will in Michigan.
Can I avoid probate in Michigan without a trust?
Some assets pass outside probate by operation of law regardless of whether a trust exists. These include accounts with payable-on-death beneficiaries, jointly held property with right of survivorship, and life insurance with named beneficiaries. However, real estate held in your name alone, investment accounts without beneficiary designations, and business interests typically do require either a trust or probate to transfer. A revocable living trust remains the most comprehensive approach to full probate avoidance.
What is the difference between a will and a trust?
A will takes effect at death and goes through probate court. A trust takes effect when it is funded, operates during your lifetime and after death, and avoids probate entirely for assets held inside it. Most families benefit from having both. Our trust services page covers the different trust types available and what each is designed to accomplish.