Succession Planning Estate Plan Collaboration

We work with estate planning attorneys.

We help our clients with compassion, care, and experience.

Succession Planning. In the intricate process of succession planning, the legal nuances can often be overwhelming. Ensuring that your legacy unfolds as intended is paramount, and requires experienced guidance. At Zamzow Fabian PLLC, we understand the complexities of succession planning and focus on helping clients clearly articulate and achieve their long-term wishes, particularly in business contexts or in support of existing estate planning attorneys.

With a track record of assisting individuals and businesses in articulating and actualizing their goals, our team navigates succession laws with efficiency and care. We believe your vision for the future should be clear and unambiguous. Through careful attention to detail and a deep understanding of the legal landscape, we help craft strategies that safeguard your interests.

By choosing Zamzow Fabian PLLC, you are choosing a legal partner that respects and supports your succession and transition goals, while collaborating with your existing advisors as needed.

Wills. Securing your legacy and ensuring proper distribution of assets is essential. Our attorneys at Zamzow Fabian PLLC regularly work with estate planning counsel to support business clients in addressing will provisions and asset transfers. Anyone over 18 with property should consider a will to direct its distribution according to their wishes.

Where a will is absent, incomplete, or invalid, Michigan's intestate succession laws (MCL 700.2101 - 700.2114) apply. Other statutes, such as omitted spouse/child statutes and elective share statutes, may also affect the intended result. To avoid these complications, experienced legal assistance is important. We help ensure your wishes are clearly communicated to family and the state, and reduce the risk of disputes. Note that wills are public documents; for clients with trusts, we can coordinate pour-over wills to address any remaining assets.

Our support is often in conjunction with a primary estate planning attorney, providing litigation backup or strategic advice as appropriate.

Trusts. Trusts involve a fiduciary relationship in which a trustee manages assets for designated beneficiaries. Whether testamentary or inter vivos, trusts are used for a variety of purposes, including tax planning and privacy. Michigan’s Uniform Trust Code (enacted 2010) governs most trusts, except for constructive, business, and resulting trusts. The code clarifies which provisions are mandatory and which can be waived, aiding in the administration of trusts and in dealings with third parties.

One of the main advantages of a trust is privacy, as trusts typically avoid probate. A well-structured trust allows for efficient transfer of assets to intended beneficiaries. Charitable trusts serve causes such as science, education, or religion, while non-charitable trusts (private trusts) cover other purposes. Inter vivos (living) trusts are created during the settlor’s life, while testamentary trusts are created by will and take effect after death.

At Zamzow Fabian PLLC, our involvement in trust matters is typically in litigation support, in conjunction with an estate planning attorney, or as part of a broader business succession plan.

Advance Directives. Advance directives are legal documents that allow individuals to outline their wishes for end-of-life care and property management. They can assign a proxy to ensure these wishes are followed in case of incapacity. Advance directives ensure your voice is respected and communicated to family, healthcare providers, and others who may be involved in your care.

While wills and trusts direct posthumous property distribution, advance directives, such as powers of attorney and living wills, address matters during the individual’s lifetime. The key benefit of advance directives is clarity, reducing potential disputes or uncertainty. Our attorneys frequently coordinate these documents with estate planning lawyers to support business clients and families. If you have questions or need advice regarding advance directives, we are available to collaborate with your primary counsel.