When Henry passed away in 2024, his three daughters expected to inherit the family home and assets without much difficulty. After all, Henry had gone to his long-time friend, a general practice attorney, to set up his estate. Unfortunately, that decision set in motion years of fighting, mounting legal fees, and heartbreak.
This real Michigan probate case is a cautionary tale of what happens when families rely on generalists instead of a specialist estate planning attorney in Michigan. At John R. Tatone & Associates, we help families avoid these costly mistakes with comprehensive, court-free estate plans.
What Went Wrong in Henry’s Michigan Estate Plan
Henry’s attorney, though well-meaning, was not a probate or estate planning specialist. He prepared a deed that listed Henry, his wife Alice, and their three daughters as tenants in common. On paper, this looked like it might help transfer the home. In reality, it triggered probate in Michigan, a costly and time-consuming court process.
When Alice died in 2018 and Henry in 2024, their interests in the home did not automatically transfer to the daughters. Instead, the property went through probate court in Macomb County.
Henry also left a will naming all three daughters as personal representatives. Instead of encouraging cooperation, this arrangement fueled conflict and delayed resolution.
How Family Conflict Escalated
Because the estate planning was done incorrectly:
- One daughter, who had joint access to Henry’s bank accounts and debit card, spent more than $25,000 per year while he lived with her.
- A granddaughter moved into Henry’s home with the promise to pay $800 per month rent, but instead only covered taxes and insurance ($2,000 per year).
- The sisters quickly became divided about missing money, unpaid rent, and eviction issues.
Attorneys for each sister have already billed about $10,000 each. The judge will likely appoint a professional fiduciary in Michigan probate court, charging $300–$400 per hour. What should have been a smooth transfer of assets is now an expensive, drawn-out legal battle.
How Proper Michigan Estate Planning Could Have Helped
This outcome could have been avoided with a comprehensive estate plan. Here’s what should have been in place:
- Lady Bird Deed in Michigan – would have allowed the home to pass directly to the daughters without probate.
- Neutral Personal Representative – the will could have appointed a neutral fiduciary to resolve disputes or act as tie-breaker.
- Power of Attorney with Safeguards – requiring accountings and limits on financial transactions to prevent misuse of funds.
The right documents and planning tools would have protected Henry’s wishes, preserved family relationships, and saved tens of thousands of dollars in court and attorney fees.
Why You Should Choose a Michigan Estate Planning Specialist
General practice attorneys may handle a little of everything, but estate planning is highly technical. The wrong deed or incomplete will can devastate a family.
At John R. Tatone & Associates, we focus exclusively on estate planning and probate law in Michigan. Our clients benefit from:
- Complete estate plans with trusts, wills, Lady Bird deeds, and powers of attorney.
- A clear 3-meeting process with finished documents in 30 days.
- Fixed-fee pricing—no surprises.
- Tools to prevent family disputes and keep cases out of probate court.
Most importantly, our clients leave with peace of mind, knowing their assets are protected and their families will not be dragged through court.
Frequently Asked Questions
Q: How can I avoid probate in Michigan?
A: Using tools like Lady Bird deeds, living trusts, and properly drafted beneficiary designations ensures your assets transfer directly without court involvement.
Q: Do I really need an estate planning attorney, or can I use a general lawyer?
A: Probate and estate laws in Michigan are complex. A generalist may miss key steps, leading to costly disputes. A specialist ensures the plan works when it’s needed most.
Q: How much does estate planning cost in Michigan?
A: At John R. Tatone & Associates, we offer fixed-fee packages, so you know your costs upfront—with no surprises.
Avoid the “Henry Scenario”
Henry’s story shows why it’s risky to rely on a general attorney for something as important as estate planning. The wrong documents led to probate court battles, missing money, and family conflict.
Don’t let this happen to your loved ones. At John R. Tatone & Associates, we’ll design a plan that protects your assets, avoids probate, and ensures your wishes are carried out.