I’m in the Will – Now What? A Guide to What Comes Next
Melder & Melder P.C. • October 24, 2025
Being named in a loved one’s will is both an honor and, sometimes, the start of a complex process. Whether you’re inheriting sentimental items, financial assets, or property, understanding the steps after being included in a will can help ease the transition during what is often an emotional time.
Here’s a general guide on what to expect and what actions to take once you find out you’re in the will.
1. Obtain a Copy of the Will
The first step is to get an official copy of the will. Usually, the executor (also called the personal representative) is responsible for locating the will and submitting it to the probate court. Once filed, the will becomes a public document.
If you haven’t already, ask the executor or the attorney handling the estate for a copy. Reviewing the will carefully helps you understand what the deceased intended for you and others.
2. Understand the Probate Process
Probate is the legal procedure in which a deceased person’s will is validated, and their assets are collected, debts paid, and finally distributed according to the will’s instructions.
- Executor Role: The executor manages the probate process. They gather assets, notify beneficiaries, pay debts and taxes, and distribute inheritances.
- Time Frame: Probate can take several months to over a year depending on the estate’s complexity.
- Court Involvement: The probate court oversees the process to ensure everything complies with the law.
3. Communicate with the Executor
Stay in touch with the executor. They are your point of contact for updates. They might also need your cooperation, for example, providing identification or signing documents. If you have questions about the estate or distributions, express your concerns early. Transparency helps prevent misunderstandings.
4. Review and Prepare for Taxes and Debts
Sometimes, the estate may have outstanding debts or taxes that must be paid before distributions. The executor uses estate funds to cover these. If some assets are given “subject to debts,” your inheritance might be reduced accordingly. It’s wise to consult with an attorney or a tax professional to understand any personal tax implications of your inheritance.
5. Accepting or Contesting Your Inheritance
In most cases, beneficiaries accept their inheritance. However, if you believe the will doesn’t reflect the deceased’s true intentions or if there are concerns about how it was created (e.g., undue influence, lack of capacity), you may consider contesting the will. This is a legal action that requires strong evidence and should be discussed with an experienced probate attorney.
Alternatively, if you don’t want to accept the inheritance — perhaps due to liabilities or other reasons — you can disclaim it legally. Doing so passes the inheritance on to other heirs as outlined in the will or by law.
6. Transferring Assets
Once debts and taxes are addressed, and court approvals are obtained, the executor can transfer assets to beneficiaries. This might involve changing property titles, transferring bank accounts, or handing over personal items.
Keep documentation of all transactions for your records.
7. Seek Professional Advice
Navigating probate and inheritance laws can be complex. Consulting with an estate planning attorney can help you:
- Understand your rights and responsibilities.
- Manage tax obligations.
- Address disputes or concerns.
- Plan for your own estate in light of your inheritance.
- Final Thoughts
Being named in a will is the start of an important process. Understanding the steps ahead can make the journey smoother during a challenging time. If you’ve recently been informed that you’re included in a will, don’t hesitate to reach out to legal professionals who can guide you through probate and ensure your interests are protected. Whether through financial gain, preserving family legacy, or gaining peace of mind during a difficult time, Melder & Melder P.C. can offer assistance and guidance to navigate these processes.
If you have questions or need assistance with wills, probate, or estate planning, contact us today.
We’re here to help you every step of the way.
**Disclaimer: This blog is for informational purposes only and does not constitute legal advice.**
When it comes to planning your estate, one of the most common questions we hear is, “ Do I need a trust ?” At Melder & Melder, we believe understanding what a trust is—and how it fits into your overall estate plan—is essential for making informed decisions that protect your assets and your loved ones. What Is a Trust? A trust is a legal arrangement where one person (the grantor) transfers assets to another party (the trustee) to hold and manage for the benefit of a third party (the beneficiary). Trusts are versatile tools that can serve many purposes, from managing how assets are distributed to minimizing taxes and avoiding probate. Why Consider a Trust? Avoid Probate : One of the main advantages of a trust is that it allows your estate to bypass the often lengthy and costly probate process. This means your beneficiaries can access their inheritance more quickly and with less hassle. Maintain Privacy: Unlike a will, which becomes a public record during probate, a trust is a private document. This keeps your financial affairs and the details of your estate confidential. Control Asset Distribution: Trusts provide flexibility in controlling when and how your beneficiaries receive assets. For example, you can set conditions for distributions, such as reaching a certain age or achieving milestones like graduating from college. Protect Beneficiaries: If you have minors, beneficiaries with special needs, or those who may not be financially responsible, a trust can offer protection and ensure their needs are met over time. Tax Planning: Certain types of trusts can help reduce estate and gift taxes, preserving more of your wealth for your heirs. Do You Need a Trust? A trust may be beneficial if you: Own significant assets or multiple properties Want to provide for minor children or beneficiaries with special needs Wish to avoid probate and maintain privacy Have complex family dynamics or blended families Want to plan for incapacity or long-term care However, trusts are not necessary for everyone. For individuals with simpler estates, a will combined with powers of attorney and beneficiary designations might suffice. How We Can Help? Determining whether a trust is right for you depends on your unique financial situation and goals. At Melder & Melder, our experienced estate planning attorneys will guide you through your options, helping you design a plan that provides peace of mind for you and your family. Investing time in comprehensive estate planning is one of the best ways to protect your legacy. Whether you need a trust or other estate planning tools, we’re here to help you navigate the process with confidence. Ready to discuss your estate planning needs? Contact us today for a consultation or give us a call at 248-541-3400 .
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Filing for divorce is a difficult and emotional process, but having the right attorney on your side can make it a little bit easier. When choosing an attorney to represent you in your divorce case, it’s important to ask the right questions to ensure they are the right fit for you. Here are some things to ask an attorney when filing for divorce: What is your experience with divorce cases? It’s important to choose an attorney who has experience with divorce cases and is knowledgeable about family law. Ask about their experience handling divorce cases, their success rate, and how long they have been practicing family law. What is your approach to divorce cases? Every attorney has a different approach to handling divorce cases, so it’s important to find one whose approach aligns with your goals and values. Ask about their approach to negotiations, mediation, and litigation to see if it aligns with what you are looking for. What is the likely outcome of my case? While no attorney can predict the outcome of your divorce case with certainty, they should be able to give you an idea of what to expect based on their experience and knowledge of family law. Ask about the likely outcome of your case and any potential challenges that may arise. What are your fees and billing practices? Divorce can be a costly process, so it’s important to be clear about your attorney’s fees and billing practices upfront. Ask about their hourly rate, retainer fee, and any other costs associated with your case. How will you communicate with me throughout the process? Communication is key in any legal case, so make sure you ask your attorney how they will keep you informed about the progress of your case. Ask about their preferred method of communication, how often you can expect to hear from them, and how quickly they will respond to your inquiries. Can you help me set realistic expectations for my case? Divorce can be a complex and time-consuming process, so it’s important to have realistic expectations about the outcome of your case. Ask your attorney to help you set realistic expectations about the timeline, cost, and likely outcome of your divorce case. Choosing the right attorney to represent you in your divorce case is crucial to achieving a successful outcome. The attorneys at Melder & Melder are the only local legal resource you need. No matter your situation or questions you have, we are here for you. Call us at (248) 541-3400 for a free initial phone consultation with one of our attorneys. Melder & Melder, P.C. 2304 East Eleven Mile Road Royal Oak, Michigan 48067 Telephone: (248)-541-3400 or (800)-LAW-5454 Facsimile: (248)-541-6332 info@melderandmelder.com www.melderandmelder.com
Going through a divorce is often challenging, especially when children are involved. Fortunately, at Melder & Melder, P.C., our child custody lawyers at can help. We understand the sensitivity of child custody matters including support and visitation, and that each family's situation is unique. Our skilled attorneys are committed to finding solutions that respect the rights of our clients, while still serving the best interests of the children. As our client, we will stand with you throughout the entirety of your divorce and make sure that you are protected and defended. You will always be told the truth, and we will listen to your concerns, and answer any questions that you may have regarding your matter. Thought the process we explain how the system works, and recommend strategies and approaches to the issue at hand. Call the Law Office of Melder & Melder, P.C., and let our experience, knowledge, and skill, assist you in the toughest of circumstances. Melder & Melder, P.C. 2304 East Eleven Mile Road Royal Oak, Michigan 48067 Telephone: (248)-541-3400 or (800)-LAW-5454 Facsimile: (248)-541-6332 aric@melderandmelder.com www.melderandmelder.com
Kids home for the holidays from college, have a power of attorney and patient advocate designation prepared.
