Probate

Michigan probate law and procedure is unique, you need an attorney with unique knowledge.

In Michigan, the probate court is a creature of statute. The probate court rules are unlike the rules of the other courts, and the legal matters brought before the probate court are limited by statute.

The probate court deals in matters of estates, trusts, guardianships, conservatorships, and other proceedings involving a person’s estate. While proper estate planning generally aims to avoid probate proceedings, sometimes petitioning the probate court is necessary. These circumstances include:

  • Estate Administration of a Will
  • Estate Administration Without a Will (Intestate Estates)
  • Challenges to Wills and Trusts
  • Trust Administration, Modification, and Termination
  • Disputes Over Trust and Estate Administration
  • Legal Guardianship Issues
  • Conservatorship and Protective Order proceedings
  • Creation, Ratification, and Modification of Special Needs Trusts
  • Oversight and Challenges to the actions of a fiduciary (guardians, conservators, personal representatives, trustees, attorneys-in-fact under a durable power of attorney)
  • Disputes over Joint Accounts

Brandon S. Dornbusch is an active member of the Estate Planning and Probate Section of the State Bar of Michigan where he served on a committee for advancing community property trust legislation in the Michigan legislature. He is also a member of the Estate Planning Council of the Grand Traverse Area and holds a Certificate in Probate and Estate Planning from the Institute of Continuing Legal Education and the Probate and Estate Planning Section of the State Bar of Michigan. Brandon began his legal career as the associate of a former probate court judge, and possesses a deep knowledge of probate law and procedure.

When you face an issue that needs to be brought in the probate court, you need an attorney with specialized knowledge. Michigan’s Estate and Protected Individuals Code provides for remedies and procedures distinct from courts of general jurisdiction. An attorney without knowledge of the procedure and applicable law can cost you valuable time and money. Brandon has the knowledge and expertise you need to ensure the best possible outcome in your probate matter.

Brandon has represented clients in most of Michigan’s probate courts, but mostly practices in the probate courts for the counties of Grand Traverse, Leelanau, Antrim, Benzie, Kalkaska, Wexford, Charlevoix, Otsego, and Emmet.

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    Brandon S. Dornbusch | Probate Attorney

    Going to the probate court can be an intimidating, frustrating, and confusing experience for many people. For many of my probate clients, this is their first experience with the legal system. I aim to provide the guidance, reassurance, and knowledge necessary to empower my client. Knowing what course of action to take, the practices and philosophies of each probate court and judge, and what relief a court will likely grant, are crucial elements of a competent probate lawyer.

    Brandon S. Dornbusch – Founding Partner

    Probate Focus Area

    Our practice in Michigan Probate Courts typically involves the following proceedings and actions:

    Probate Estate Administration of a Decedent’s Will

    Intestate Estates (Estates Without a Will)

    Challenges to Wills, Trusts and Other Governing Instruments Due to Undue Influence, Lack of Capacity, and Fraud

    Trust Administration, Modification, and Termination

    Disputes Regarding Estate Administration, Attorney Fees, Fiduciary Fees

    Representing Creditors of an Estate

    Creating Guardianships and Conservatorships

    Assisting Guardians and Conservators in Fulfilling Legal Duties

    Challenging the Actions of Fiduciaries and Litigating Alleged Breaches of Fiduciary Duties

    QTIP Trusts and Lifetime QTIP trusts, Bypass Trusts, and Marital Deduction Planning

    Joint Account Disputes

    Litigating Creditor Claims Against an Estate or Trust

    Advising Personal Representatives and Litigating Michigan Medicaid Estate Recovery Claims