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Estate Planning
Create a Peaceful Path for Your Inheritors and Avoid the Stress of Probate
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Estate Planning Attorney in Brighton, MI

Secure the Future for Yourself and Your Loved Ones With a Proper Estate Planning Attorney Near You.

While no one wants to think about death or disability, executing a proper estate plan with the help of an experienced Estate Planning Attorney in Brighton, MI, is one of the most important steps to protect yourself and your loved ones. In doing so, you are ensuring that all of your assets - including real estate, bank accounts, investments, life insurance policies, and personal property - are preserved to the extent possible and are transferred as quickly and efficiently to heirs or those individuals or entities you designate as beneficiaries with the help of Estate Planning Attorney within your area.

A properly executed estate plan drafted by a specialized estate planning attorney in Brighton, MI, does more than transfer assets upon death. It can also nominate guardians for minor children, appoint fiduciaries to manage money for minors and individuals with disabilities, eliminate or reduce taxes, preserve government benefits, minimize family conflict, and simplify the probate process or avoid court intervention altogether. The most important aspect of proper estate planning is ensuring that the loved ones you leave behind are properly cared for and that the stress and emotional impact of unnecessary legal proceedings and litigation are limited to the extent possible with the help of our Estate Planning Attorneys.

downloadEstate Planning Worksheet (single individual) downloadEstate Planning Worksheet (married couple)

Estate Planning FAQs

What is estate planning?
I don't have a very large estate, so it seems to me that having a trust is overkill and would be more expensive. Why can't I just use a simple will?
I hold everything jointly with my spouse; therefore, I thought I would simply put my children's names on our property so we can avoid probate that way. Is there any problem with this?
Why does a trust avoid probate?
Would using a trust during my lifetime restrict me in what I can do with my own property?
I do not believe that our family needs a trust since we have a small child, and our estate is well under the applicable exclusion amount for estate taxes. Is this correct?
If I establish trust, don't I still need to appoint an executor of my estate?
If I am going to establish trust, why do I have to have a will?

At Gerkin & Decker, We Can Help You:

Estate Planning Attorneys & Estate Planning Lawyers in Brighton, MI | Gerkin & Decker, P.C. - estate-planning-image-1
  • Understand the different roles individuals will play in your estate plan and guide you in making informed decisions in the appointment process.
  • Preserve your assets and wealth by preventing or minimizing potential estate tax liabilities
  • Identify family members and others you wish to receive assets upon your death
  • Ensure that your assets are transferred to your beneficiaries as quickly and efficiently as possible
  • Provide for minor children upon your death or disability
  • Provide for disabled children or disabled individuals to ensure that government benefits are not affected
  • Convey your death wishes, including funeral arrangements

Our Brighton, MI, Estate Planning Services Include the Planning, Drafting, and/or Maintenance of:

  • Last wills and testaments
  • Revocable living trusts
  • Special/supplemental needs trusts
  • Trust funding
  • Real estate transfers
  • Durable powers of attorney
  • Patient advocate designations or medical powers of attorney
  • Advanced estate planning strategies, including irrevocable trusts, asset protection trusts, family limited partnerships, and family limited liability companies
  • Business succession planning, including buy/sell, stock purchase, and similar shareholder agreements and recapitalizations.

The Law Offices of Gerkin & Decker is experienced in a full range of estate planning services. From wills and trusts to navigating the complexities of the probate system, we have the knowledge, insight, and experience needed to help protect your assets and give you peace of mind.

Ensure Distribution of Your Assets With a Legally Drafted Will

A will is a legal declaration appointing a personal representative, often referred to as an executor, to manage your estate — per your instructions — upon your death. However, it is important to understand what a will can and cannot do and what steps you can take to best protect your assets and your loved ones.

  • A will does not avoid probate, an often expensive and lengthy process.
  • A will may be used to nominate a legal guardian to raise your minor children until age 18.
  • A properly executed will provide directions to the probate court and your personal representative regarding how to administer your estate and to whom your assets should be distributed.

It is important to understand how a will functions and the complexities of the probate process prior to determining the best estate plan for you and your family. Let the estate planning team at Gerkin & Decker help you properly protect what you've worked so hard to attain.

Avoid Probate With a Properly Executed Trust

A trust is a probate avoidance tool and, when properly executed, can help you save your loved ones from the costly, often time-consuming, probate process. There are many different types of trust agreements, including Revocable Living Trusts, Testamentary Trusts, Irrevocable Trusts, Special Needs Trusts, Credit Shelter Trusts, and Asset Protection Trusts. Each has a unique purpose.

  • The Revocable Living Trust is the most common type of trust agreement and works well for individuals and/or married couples. It can be structured in a multitude of ways and provides flexibility to the person (known as the grantor, trustor, or settlor), creating it while preserving ultimate goals and intentions.  
  • When a Revocable Living Trust is created and executed, the grantor retitles his or her assets into the name of the trust and provides instruction as to how those assets are to be managed and distributed upon death. Typically, the grantor becomes the initial and primary trustee of the trust and has total control over his or her assets while alive. The rights and control of assets are not lost due to the retitling of the assets into the name of the trust.  
  • A trust works much like a will by appointing someone (known as a successor trustee) to manage the estate after the death of the grantor and establishing a plan for distributing estate assets. However, unlike a will, a properly executed trust avoids probate by establishing an entity to hold estate assets that are separate from the individual grantor. This allows individuals to protect against estate taxes, establish more complex distribution schemes, and place delays or contingencies on distributions to individuals such as young children or those with disabilities.  
  • A common misconception is that trusts are only necessary for the extremely wealthy or for those with complicated asset distribution plans. Truth be told, while a trust can certainly provide tax protections and other benefits to those individuals with large and valuable estates, a trust is an effective estate planning tool to avoid probate and fulfill your intentions regardless of estate size or complexity.
Estate Planning Attorneys & Estate Planning Lawyers in Brighton, MI | Gerkin & Decker, P.C. - estate-planning-image-2

Protect Your Personal Interest With a Power of Attorney

Several instruments allow your interests to be represented by an agent of your choice if you cannot make decisions on your own behalf. Understanding how the different instruments work and the responsibilities of the agents you appoint is extremely important.

  • A durable power of attorney is a written document that remains valid even if you become unable to make your own decisions. It allows you to appoint an agent to manage your financial affairs or conduct other business for you during incapacitation or when you are otherwise unable to act in your own best interests.
  • Durable powers of attorney may be general (allowing your agent to perform any act that may be legally done by you) or limited (specifying which activities or events, such as selling property or making healthcare decisions, are allowable).
  • When creating a durable power of attorney, you must select an agent to act on your behalf — someone you trust to carry out your wishes and manage your financial affairs.
  • A medical power of attorney (or patient advocate designation, durable power of attorney for healthcare, or healthcare proxy) is a limited durable power of attorney created for the purpose of appointing an agent to make important healthcare decisions in the event of your incapacitation.
  • With a medical power of attorney, you must select an agent you trust to make healthcare decisions for you, taking into consideration who knows you best and will be able to speak on your behalf and make difficult medical decisions that fulfill your wishes.

Like any other legal decision, creating and executing powers of attorney require careful consideration and professional guidance to ensure you make the best choice. Let the Law Offices of Gerkin & Decker help you with these and other estate planning services. Call to schedule a consultation today.

To see how Gerkin & Decker, P.C. can design and execute the best estate plan for you and your loved ones in Brighton, Hartland, Howell, Fowlerville, Fenton, and the surrounding areas, (810) 222-6424. You can speak directly to an attorney and understand your rights before you make a decision.

Get in Touch With Our Team


When facing legal challenges, choose a law firm that truly understands the importance of community support. At Gerkin & Decker, our deep roots in Livingston County reflect our dedication to serving the hardworking people of our area. Whether you need assistance with civil issues, estate planning, probate, or business matters, we offer a practical and honest approach to every case. Experience personalized legal solutions with the integrity and dedication you deserve from a trusted local firm. Contact Gerkin & Decker today for clear guidance and reliable legal advice.

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Gerkin & Decker is your trusted local law firm. We strive to help clients achieve the best results when it comes to civil, personal, and professional legal matters.

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Brighton, MI 48114 phone_enabled (810) 222-6424
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Flint, MI 48507 phone_enabled (810) 244-2326
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