Dealing with the death of a loved one is painful, emotional and difficult even under the best of circumstances. With the current COVID-19 global pandemic, it can be overwhelming. When someone dies, property needs to be secured, bills must be paid, and the family needs to know that the loved one’s assets are protected. And unfortunately, oftentimes it is necessary to investigate financial elder abuse or other suspicious activity regarding the deceased loved one’s assets and property. Despite the uncertainty we all face, Probate Courts continue to operate under modified guidelines and updated procedures to ensure that you can take every step necessary to protect and secure the estate of a loved one who recently died.
Whenever an individual dies in Michigan, the estate process may be required to secure possession of his or her property, pay debts and obligations, and distribute the remaining funds to the proper beneficiaries. The Probate Court in the county where the individual resided prior to his or her death is the proper venue to make a petition or application to open an estate and appoint a Personal Representative. In and around the Detroit area, the county Probate Courts all continue to process and open estates despite remaining closed to the public.
- Macomb County: The Macomb County Probate Court recently implemented procedures limiting in-person filings to emergencies only. For estates, an example provided by the Court is when immediate access to a residence is necessary. In those circumstances, in-person filings will be accepted. In all other instances, the Court is accepting filings via regular mail. The Court is also handling all hearings via Zoom video conference.
- Oakland County: The Oakland County Probate Court has also suspended all non-emergency filings in person. The Oakland County Probate Court is accepting filings under 50 pages long via fax and all other filings via regular mail. The Probate Court is conducting hearings via video or telephone conferencing.
- Wayne County: The Wayne County Probate Court is accepting probate filings via email, unlike the guidance given in Macomb and Oakland Counties. The Wayne County Probate Court is also closed for non-emergency filings and conducting hearings via Zoom until further notice.
- Clair County: The St. Clair County Probate Court is not accepting any in-person filings except for emergencies. Like Wayne County, the St. Clair County Probate Court is accepting email filings, along with fax and regular mail. St. Clair County is conducting minimal in-person hearings but limiting courtrooms and other public spaces to no more than 10 people, including staff.
Each county probate court operates slightly differently so it’s important to have the assistance of attorneys who are familiar with each court, the judges and clerks, and their unique procedures.
Finally, with the COVID-19 pandemic forcing people to maintain social distancing and remain home, many people have not had the same level of contact with an elderly family member as before. This isolation has the potential for all of us to not notice instances abuse, exploitation, undue influence, coercion, or other forms of financial fraud that could potentially impact a love one’s estate. Undue influence is the most common form of financial abuse of seniors. It occurs when an individual is improperly coerced into changing their will, trust, or other beneficiary designations. Oftentimes the rightful beneficiaries of an estate are unaware of the coercion until it is too late. With families being forced to separate it is more important now than ever to take steps to prevent susceptible loved ones from this type of abuse, and to fully investigate any suspicious circumstances present at a loved one’s death.
Despite uncertainty about the future, the local Probate Courts continue to serve the needs of the public and the probate attorneys at Kirk Huth are here to assist.
