homejune 2009 • legally speaking

LEGALLY SPEAKING
Estate Planning
by Amanda Roggenbuck

Amanda RoggenbuckThis month I thought it would be appropriate to discuss how important it is to have an estate plan in place. I recently read an article that indicated you should not plan your estate and you should simply allow the probate court to distribute your estate on your death. Their reasoning was that this was a cheaper manner in which to have your assets distributed.

It was sad to hear someone advocating that your property be divided by a formula and not according to your wishes on your death. Now while I agree that no one enjoys going to court, except lawyers, I strongly disagree that having a formula that is determined by the State of Michigan is the best method to distribute your estate on your death.

Imagine, wanting to leave property to a charity; that is not a viable option without an estate plan. Neither is leaving the family farm to a child who has worked on it for years if you have other children. While planning your estate is an investment in the future, it is also the only method in which to exercise your wishes.

Do not be afraid to ask questions and to speak up with your estate planner, but do something. Pretending or ignoring the inevitable will only lead to hard feelings, and a lack of your wishes being carried out in the future.

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The information in this article is not intended to serve as legal advice nor does it replace consulting a lawyer about your legal situation and questions.

We welcome your questions and comments. Please visit our Web site at www.roggenbuckandassociates.com; you can also email us at aroggenbuck@roggenbuckandassociates.com. Our office is located at 6505 Main Street, Cass City, Michigan 48726. We can be reached via phone at 989-872-8881.

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