Q) If I am married does everything go to my spouse without probate?

A) Although your spouse is entitled to assets from your estate, if you have not planned, she will likely be subject to the probate court and its control.

Q) If I am not a "wealthy" person do I need to plan?

A) At a minimum, like it or not, we should all plan for incapacity.

Q) If I pass away can my agent still act under my financial power of attorney?

A) No, when the principal of the power of attorney passes away the agent's power is dissolved.

Q) What happens if I don't plan for incapacity?

A) If you become incapacitated and someone must make financial or healthcare decisions for you, you, and your loved ones will be subject to living probate.

Q) What happens if I don't plan for passing away?

A) If you have assets solely in your name, your assets will be subject to the probate court and the State of Michigan will make a plan for you.