Page 4 - Senior Times South Central Michigan - October 2017 - 24-10

Page 4
Senior Times - October 2017
GUILTY THOUGHTS AT THE FUNERAL HOME
By: Doug Chalgian, Elder Law Attorney
institution) know that they have this job ahead of time, and often the entire family has been made aware in advance who will be serving in that role.
Will there be a reading of the will?
Most lawyers who do this type of work will offer families the opportunity to gather together, go over the estate plan, and answer questions. But it’s really up to the family – and the person in charge – whether that takes place.
Do I have a right to information?
There are two types of people who have a right to information. So-called “natural heirs” are entitled to information about “probate assets” (the assets that are disposed of under the terms of a will),
as well as the beneficiaries named in the will. With respect to assets distributed by joint ownership, beneficiary designations, or by the terms of a trust, only those named beneficiaries are entitled to information about those assets.
How soon should I know something?
That depends on how things are set up.
If there is a will, whoever has the will is required to provide it to the court soon after death. In addition, before the person who is nominated by the will to be the personal representative can do their
job, they will have to send information about the will to all the people named as beneficiaries of the estate, as well as to
all the natural heirs. Likewise, if there
are assets in trust, in most cases Michigan law will require the trustee to notify the beneficiaries within several weeks of the death of the person who created the trust. Notice to beneficiaries of other types of arrangements, like beneficiary designations
Someone close to you died. You’re nicely dressed and at the funeral home. All the talk is about condolences, sympathy and shared memories. It’s not that you aren’t engaged - not that you aren’t sincerely saddened by the loss - but also in your
mind are questions about who is going to inherit what, and more specifically, whether you are going to get anything.
Your first instinct is correct: now is not the time. But don’t feel guilty, and don’t for one minute believe that you are the only one in the room who is thinking these thoughts. Far from it. As uncomfortable
as they may feel, these thoughts are perfectly natural.
So to help alleviate some of your immediate concerns, following are generalized answers to some of the questions that are likely circling in your head:
Is there a will? It’s likely that there is an estate plan of some sort. Most people who live a reasonably long life will have made some provisions for their assets to pass at their death. They may have a will, but it is equally possible that they have established an estate plan using a trust, or by making assets jointly owned, or
by setting up beneficiary designations.
In fact, in most cases more than one
of these tools, and/or other types of testamentary arrangements, are used.
Who is in charge? With respect to assets that are controlled by a will, the person in charge is called the “personal representative” of the estate, or what is sometimes called “the executor.” If the decedent’s assets are controlled by a trust, the person in charge is the “trustee.” Usually, that person (or persons, or
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