What you leave behind reflects years of work, sacrifice, and care for the people you love. A family trust can help you pass those resources to the next generation with greater privacy, direction, and protection.
Parakletos Law PLC is a West Michigan law firm that helps individuals and families create thoughtful estate planning strategies. Our attorneys take time to understand your relationships, responsibilities, and goals before recommending a trust or another legal tool. We believe careful planning is an act of stewardship, and our lawyers walk beside you as you prepare for your family’s future.
Our law office serves families in Hudsonville, Holland, Grandville, Byron Center, Jenison, Zeeland, Allendale, Ottawa County, Kent County, and surrounding West Michigan communities.
A trust is a legal arrangement in which a trustee manages property for one or more beneficiaries. The person creating the trust is called the settlor or grantor. The trust document explains who will manage the property, who may benefit from it, and when distributions may be made.
Many West Michigan families use a revocable living trust. “Revocable” means the person who created the trust can generally change or cancel it while legally capable. The settlor often serves as the initial trustee and keeps control of the property during life. A successor trustee can later step in after death or incapacity, subject to the trust’s terms.
An irrevocable trust usually offers less flexibility because it cannot always be changed or canceled. It may be useful for certain tax, long-term-care, asset-protection, or beneficiary-planning goals. An experienced trust attorney can explain which option may fit your circumstances.
Probate is the court-supervised process used to administer certain property after a person dies. A will does not avoid probate by itself. Instead, it gives instructions for property that becomes part of the probate estate.
For an Ottawa County resident, an estate proceeding may be handled through the Ottawa County Probate Court. A Kent County resident’s estate may be handled through the Kent County Probate Court. Similar procedures apply in other Michigan counties.
Probate is not always harmful, and Michigan provides simplified procedures for some smaller estates. However, a standard probate administration may involve court filings, notices, creditor claims, an inventory, fees, and delays. The process may take longer when property is difficult to value, debts remain unresolved, or family members disagree.
Probate records may also make information about an estate available through the court. A properly created and funded trust is generally administered outside a routine probate estate. This can give a family more privacy and allow the trustee to follow the trust document without seeking court approval for ordinary decisions. Court involvement may still become necessary if a dispute or legal problem arises.
Signing a trust document is only part of the process. The trust must also be funded. Funding means transferring appropriate property into the trust or coordinating ownership and beneficiary designations with the overall estate plan.
Depending on your circumstances, this may include:
Assets left outside the trust without another valid transfer method may still require probate. Our attorneys help clients identify which assets should be retitled and which should remain outside the trust.
Retirement accounts such as IRAs and 401(k)s generally should not be retitled to a revocable trust during the owner’s life. Those accounts usually pass through beneficiary designations. Naming a trust as beneficiary may be appropriate in some cases, but it can create tax and distribution consequences that should be reviewed by a lawyer.
A revocable trust may provide continuity if illness, injury, or cognitive decline prevents you from managing trust property. The document can explain when and how a successor trustee will take responsibility.
Without effective planning, family members may need to ask a probate court to appoint a conservator to manage an incapacitated person’s finances. A conservatorship is a legal proceeding in which the court gives someone authority to handle another person’s property and financial affairs.
A funded trust may reduce the need for a conservatorship over trust-owned property. It does not replace every other planning document, so our estate planning attorneys often coordinate trusts with financial powers of attorney, health care directives, and beneficiary designations.
Blended families often have estate planning goals that a simple will may not address. You may want to provide for your spouse while preserving an inheritance for children from a previous relationship or protect a family home, business, or cottage for future generations.
Michigan’s default inheritance laws may not reflect your wishes, particularly when stepchildren are involved. A family trust allows you to clearly state how and when assets should be distributed.
A trust can:
Our attorneys help families create thoughtful estate planning strategies for blended families that reflect their values and long-term goals.
A direct inheritance can affect eligibility for certain government benefits, including Supplemental Security Income (SSI) and Medicaid. A properly drafted special needs trust may help preserve those benefits while providing additional financial support.
Because these trusts must follow specific legal requirements, families should avoid one-size-fits-all forms. Our attorneys help clients create special needs trust plans tailored to their loved one’s long-term needs and benefit eligibility.
A trust is usually one part of a broader plan. Depending on your needs, the plan may also include a pour-over will, financial power of attorney, patient advocate designation, deed, beneficiary designations, and guardianship nominations for minor children.
No single document solves every estate planning concern. Our law office considers how each part works with the others so your plan reflects your family, property, faith, and priorities.
A trust may be worth discussing when:
Not every person needs a trust. A will and other documents may serve some families well. A lawyer can compare the options based on the property you own, how it is titled, and what you hope to accomplish.
Estate planning is an opportunity to practice stewardship, protect relationships, and leave clear guidance for the next generation.
Parakletos Law PLC is a West Michigan law firm serving families in Hudsonville, Holland, Grandville, Byron Center, Jenison, Zeeland, Allendale, Ottawa County, and Kent County. Our attorneys explain your options in plain language and help you build a plan rooted in your values.
Contact our family trust lawyers to schedule a consultation and begin creating a plan for the people and resources entrusted to your care.
Estate planning is an act of love and responsibility. It’s not a task reserved for later years; it’s a vital step for young families to take now. I take pride in empowering, supporting, encouraging and advocating for people like you. My goal is to craft an estate plan that reflects your unique family situation and goals, then walk with you through every step in the process.
Contact me today and let’s create an estate plan that carries your values forward and provides for your family’s needs.
