Wills and Trusts Attorney in Troy, MI

Barron, Rosenberg, Mayoras & Mayoras P.C. drafts revocable living trusts, irrevocable trusts, and coordinated wills for individuals and families in Troy and throughout Oakland County. The firm has handled trust planning and trust administration under Michigan's Estates and Protected Individuals Code for more than 40 years. Call (248) 213-9514 for a free consultation.

How Living Trusts Work Under Michigan Law

A living trust is a legal arrangement in which you transfer ownership of your assets to a trust during your lifetime. You serve as your own trustee while you are living and competent, maintaining full control over the trust assets. You name a successor trustee who takes over management of the trust when you become incapacitated or die, without any court appointment process.

Michigan's Estates and Protected Individuals Code (EPIC), MCL 700.7401 et seq., governs the creation and administration of trusts in this state. Under MCL 700.7402, a trust is created when the settlor has capacity, there is a valid trust purpose, and the trust instrument is executed with the formalities Michigan law requires. Unlike a will, a trust does not pass through the Oakland County Probate Court at death. Assets titled in the trust transfer to beneficiaries according to the trust terms, privately and without court supervision.

Revocable vs. Irrevocable Trusts in Michigan

Revocable living trusts

A revocable trust under MCL 700.7602 can be amended or revoked by the settlor at any time during their lifetime, as long as they retain capacity. This flexibility makes revocable trusts the most commonly used trust in comprehensive estate planning. The settlor controls the assets, can change beneficiaries, and can dissolve the trust entirely if circumstances change. At death, the trust becomes irrevocable and the successor trustee distributes assets according to the trust terms.

The primary benefit is probate avoidance. A properly funded revocable trust allows an Oakland County estate to pass to heirs without opening a formal probate proceeding. For families with real estate in multiple locations, including a Troy home and a northern Michigan cottage, a revocable trust avoids the need for ancillary probate proceedings in each county where property is located.

Irrevocable trusts

An irrevocable trust cannot be modified after creation without beneficiary consent, and in some cases, court approval. The loss of control is what makes irrevocable trusts effective for asset protection, Medicaid planning, and estate tax planning. Assets transferred into an irrevocable trust are generally no longer part of the settlor's taxable estate and may be protected from future creditors under Michigan's trust statutes, subject to fraudulent transfer rules.

Common irrevocable trust structures include irrevocable life insurance trusts (ILITs), Medicaid asset protection trusts, and special needs trusts. Each serves a different planning purpose. The elder law attorneys at BRMM routinely coordinate irrevocable trust planning with Medicaid eligibility strategy for Oakland County families planning for long-term care.

Funding Your Trust: Why the Document Alone Is Not Enough

A trust that is not funded does not avoid probate. Funding means retitling your assets into the name of the trust: real estate deeds recorded with the Oakland County Register of Deeds, financial accounts updated at each institution, and beneficiary designations on retirement accounts and life insurance reviewed to coordinate with the trust's distribution plan. A trust that exists on paper but holds no assets is legally valid but practically useless for avoiding probate.

BRMM handles trust funding as part of the estate planning process, not as an afterthought. Real estate deeds are drafted and recorded. Clients receive a funding checklist and guidance for updating each financial account. The pour-over will under MCL 700.2511 is coordinated with the trust so that any assets not transferred into the trust during the settlor's lifetime still flow to the trust at death and distribute according to its terms.

Living Trusts and the Oakland County Probate Court

When a fully funded revocable trust is in place, the Oakland County Probate Court typically has no role at the settlor's death. Assets pass from the trust to beneficiaries by the successor trustee's action alone, without a probate filing. This is the primary reason many Oakland County families choose trusts over wills as the foundation of their estate plan.

The Oakland County Probate Court does have jurisdiction over trust disputes: trustee removal proceedings, accounting disputes, contested trusts, and questions of capacity or undue influence at the time of signing. The trust litigation attorneys at BRMM represent trustees, beneficiaries, and personal representatives in contested trust matters before the court. Because BRMM's trust attorneys also litigate trust disputes, they draft trust documents with an awareness of the provisions that generate conflict and the language that prevents it.

When a Living Trust Needs to Be Paired With a Will

A living trust is not a complete estate plan on its own. Most clients also need a pour-over will that captures any assets not transferred into the trust during their lifetime, Durable Powers of Attorney under MCL 700.5501 for financial management during incapacity, and a Patient Advocate designation under MCL 700.5506 for medical decision-making. These documents work as a system. A trust that is drafted without coordinating the powers of attorney and beneficiary designations can leave gaps that surface at the worst possible time.

For clients with minor children, a will remains the required vehicle for naming a guardian under MCL 700.5202. A trust cannot nominate a guardian. The will does that, and the trust manages the financial assets for the children's benefit. For blended families, second marriages, or situations where a beneficiary may not be equipped to manage an inheritance directly, the trust's distribution provisions can be tailored in ways a simple will cannot match.

Trust Planning for Oakland County Families With Complex Assets

Troy and Oakland County families frequently hold a combination of real estate, investment accounts, retirement assets, business interests, and beneficiary-designated accounts. Each asset class interacts differently with trust planning. Retirement accounts (IRAs, 401(k)s) should generally not be retitled into a revocable trust during the owner's lifetime, but the trust can be named as a conduit or accumulation trust beneficiary when the planning situation calls for it. Business interests require a review of operating agreements and buy-sell provisions before being transferred into a trust. Real estate with a homestead exemption requires specific deed language to preserve the exemption after transfer.

For families whose assets span Michigan counties, other states, or international holdings, the trust provides continuity that a simple will cannot: a single document governs distribution without the multi-jurisdiction probate process that would otherwise be required. BRMM's trust attorneys have handled estates with assets across Michigan, Florida, and other states for decades. For clients with Florida property specifically, the firm's Florida office at (941) 222-2199 can assist with the Florida-side planning that coordinates with the Michigan trust.

Schedule a Consultation With a Troy Trust Attorney

BRMM serves Troy, Bloomfield Hills, Bloomfield Township, Birmingham, Rochester Hills, West Bloomfield, and clients throughout Oakland County. Call (248) 213-9514 or contact us online to schedule a free consultation. Office and virtual appointments are available.

Connect with an experienced living trust lawyer as soon as possible. Dial (248) 213-9514 for a consultation.

Frequently Asked Questions

How Much Does It Cost To Create A Living Trust In Troy, MI?

The cost to create a living trust varies based on complexity, assets, and planning goals. Simple trusts may cost a few thousand dollars, while more comprehensive plans can cost more. Working with a trust attorney helps ensure the trust is properly drafted, funded, and aligned with Michigan law, which can prevent costly probate issues or future disputes.

What Assets Should Be Placed In A Living Trust?

Assets commonly placed in living trusts include real estate, bank accounts, investment accounts, business interests, and valuable personal property. Properly funding living trusts helps avoid probate and streamline asset transfer. A living trust lawyer can help determine which assets should be transferred and ensure titles and beneficiary designations are handled correctly under Michigan law.

How Long Does It Take To Set Up A Living Trust In Michigan?

Setting up a revocable living trust often takes a few weeks, depending on asset complexity and responsiveness during the planning process. Drafting the trust is only part of the timeline; transferring assets into the trust is equally important. A trust lawyer can help manage the process efficiently and ensure everything is properly completed.

What Is The Difference Between A Living Trust And A Will In Michigan?

A living trust allows assets to be managed during life and transferred privately after death, often avoiding probate. A will only takes effect after death and generally requires probate court involvement. A living trust attorney can help clients understand which option, or combination, best fits their estate planning goals in Michigan.

Are Living Trusts Public Record In Michigan?

Living trusts are generally not public record in Michigan because they do not go through probate unless contested. This offers greater privacy compared to a will, which becomes part of the court file. A living trust lawyer can explain how proper trust funding helps maintain confidentiality and reduces court involvement.

How Are Taxes Handled With A Living Trust In Michigan?

With a revocable living trust, taxes are typically handled the same as if the assets were owned individually. The trust does not eliminate income or estate taxes by itself. A trust attorney can help coordinate tax planning strategies and ensure the trust is structured to support efficient administration and compliance with Michigan and federal tax laws.

Get in Touch with Our Troy Estate Planning Attorneys

The Troy estate planning attorneys at BRMM can advise you on how to protect your assets and your loved ones throughout your life and after you have passed away. Contact us today to get started protecting your future. 

Further Reading on Trusts

• What Is a Spendthrift Clause in a Trust?
• Are Revocable Living Trusts Only for Rich People?
• The Power of a Living Trust: Top 7 Reasons Why You Need One
• 2 Things You Must Know About Revocable Living Trusts
• What Is the Role of a Trust in an Estate Plan?
• Important Tips: Why and How to Fund a Trust