Probate-Proof Your Legacy Before New Rules Hit

Recently, I sat across from a client. His wife had just been diagnosed with dementia, I spent the weekend at the cottage with my wife and three girls soaking up sunshine and sneaking in a little fishing. Moments like those remind me why planning ahead matters: the best memories live on when the paperwork is in order. This week we’re zeroing in on two often-overlooked areas (the family cabin and your digital life).

In The Community

Lynn, a recent client, has seen our team in action. Her words capture exactly what we strive for every day:

“I highly recommend Rutkowski Law Firm for all of your estate planning, Medicaid planning, and elder law needs. The staff are trustworthy, compassionate and responsive. I have referred several clients to this firm and they are all very pleased with the services provided.” – Lynn Habes

Her feedback reminds us that technical know-how isn’t enough; it’s the trust, compassion, and responsiveness behind every phone call, document draft, and family meeting that turn legal work into peace of mind.

Shielding the Family Cabin from Probate

Summer homes, hunting cabins, and lake cottages hold more than equity—they store decades of memories. Yet, if the deed is still in your individual name, that property can be stalled in probate for months after you pass, leaving your family unable to maintain or even use it.

How we help Michigan owners keep the keys in the family:

*Cottage Trusts
Place the property in a revocable or irrevocable trust and name successor trustees. This avoids probate and sets clear rules on use, maintenance costs, and buy-out rights.
*Lady Bird Deeds (Enhanced Life Estate)
Unique to Michigan, this deed lets you keep control today while automatically transferring the cabin to your heirs at death—no court, no delay.

Reminder: Previously we’ve discussed Lady Bird Deeds; however, if you no longer have that newsletter saved in your inbox, reply to this email and someone from our team will be happy to share those details with you.
*Family LLC or Partnership
Ideal when multiple siblings will share ownership. An operating agreement can spell out scheduling, expense sharing, and dispute resolution long before tensions rise.
*Gifting Strategy
For some, an inter-vivos gift of the home, combined with a retained-use agreement, can freeze value for future estate-tax purposes.

The right structure depends on your goals and the personalities involved. We’ll walk you through the options so next year’s July Fourth still happens on the same dock - with less legal hassle and more time for fireworks. What structure are talking about? Glad you asked. Our team put together a guide on how to protect your vacation home with a trust to help give you that framework to get started.

Stay Ahead of the Curve: How We Help Families Prepare

Every estate plan should reflect your current reality (not just your past goals).

Our team can help you:

• Update or simplify your trust to reflect the changing tax landscape
• Avoid common Medicaid mistakes, especially around asset transfers or gifts
• Strategically protect your home and savings (even in a care crisis)
• Make informed decisions for blended families, aging parents, or dependent children

Estate planning isn’t just legal work – it’s family protection with a strategy.

Let’s Talk About What Matters Most

You don’t need to wait for certainty to get clarity.

If you’re unsure whether your estate or Medicaid plan still fits your life, we’re here to help—no pressure, just a thoughtful conversation about what matters to you.