We’re proud to have Steven on our team at Pear Sperling Eggan & Daniels, P.C.. Steven Tramontin is a dedicated trial attorney with deep roots in the community and a proven track record in criminal defense , family law, probate, and related areas. Before joining Pear Sperling Eggan & Daniels, he built his practice from the ground up and served as contract counsel for Washtenaw County...
Read More!I’ve always known I wanted to be a lawyer. Growing up, my family loved to debate, and it came naturally to me. Both of my parents are teachers, and while I respected their path, I felt drawn to law. I enjoyed asking tough questions, finding inconsistencies in arguments, and justifying why things are the way they are—or why they should change. When I graduated from law school, I starte...
Read More!We’re proud to have experienced, thoughtful attorneys like Marty Bodnar on our team. With a calm, client-focused approach and years of experience in estate planning, Marty helps families plan for the future with confidence and clarity. Learn more about what drives Marty and how he supports clients through the estate planning process. Why did you choose estate planning?&nb...
Read More!Like many States, Michigan has implemented the Marketable Record Title Act (MRTA), MCL 565.101 et seq., with the goal of determining ownership interests in land by limiting the number of years during which claims like liens or land use restrictions may be asserted. This means that if an interest in land is not asserted during a specified period of time, it will be lost or extinguished by law. The...
Read More!Unlike most consumer debts, water and sewer bills are treated differently as far as being discharged in a Chapter 7 Bankruptcy. Any unpaid balances due to the utility company would become a lien against the real property and can be enforced against the real property. A lien is usually preserved with a Financing statement and by notifying the tax assessing authority to place it on record to ...
Read More!Are you contemplating filing for Bankruptcy? You need to understand the differences between the two main types applicable to most individual or joint debtors (persons who file a petition for discharge of their debts under the U.S. Bankruptcy law), chapter 7 and chapter 13. In Chapter 7 Bankruptcy, also known as Liquidation, a court-appointed trustee reviews the debtor(s)’ estate for a...
Read More!In the construction industry, payment timing and responsibility are critical concerns—especially for subcontractors who often depend on prompt payment to manage cash flow and complete ongoing projects.
Read More!The Corporate Transparency Act (CTA) introduces significant new reporting obligations for many businesses operating in the United States. Starting January 1, 2024, certain companies must file Beneficial Ownership Information (BOI) reports with the Financial Crimes Enforcement Network (FinCEN).
Read More!In today’s challenging and competitive economy, it’s more important than ever that general contractors and subcontractors know and understand their rights and responsibilities to ensure successful projects.
Read More!Business and commercial disputes in Michigan are handled through the specially created Business Courts, which are specialty dockets created under MCL Section 600.8033 in 2013, and which are part of the Circuit Court System in the various Districts. This statute enumerates specific types of business and commercial disputes, and also specifically excludes disputes that don’t fall within these...
Read More!In Michigan, Limited Liability Companies are regulated under MCL 450.4101, also known as the "Michigan limited liability company act" (the Act). According to the Act, “ Limited liability company" or "domestic limited liability company" means an entity that’s an unincorporated membership organization. The term unincorporated differ...
Read More!You should think of business analysis as a tool to aid strategic decisions and direction, understand and improve your business operational and financial position, set financial or bottom-line objectives, and facilitate organizational efficiency and effectiveness. One way to perform business analysis is to set Key Performance Indicators, or KPIs, which measure a company's performance out...
Read More!Bitcoin was created in August of 2008 by a programmer or team of programmers using the pseudonym Satoshi Nakamoto, who outlined the technology in a paper and registered a new domain, Bitcoin.org. To this day, no one knows who Satoshi Nakamoto really is.
Read More!In a 4-3 decision issued on October 2, 2020, the Michigan Supreme Court limited Governor Whitmer’s authority to impose emergency regulations to deal with the COVID‑19 pandemic.
Read More!People often contact PSED to start a business after a career in corporate America. Usually, these people just want to keep it simple and want an entity that will have limited liability, meaning that creditors can’t go after their personal assets but can only go after the assets of the new entity.
Read More!We have all read those “miscellaneous provisions” portions of contracts. Those are the portions of the contract where all of the random, seemingly uninteresting provisions are found. Often those provisions include things like choice of law, jurisdictional standing, merger and integration and the like. They can also include substantive issues, such as limitations of warranty and liquid...
Read More!Were you pulled over and cited for a moving violation? Like most people your biggest concern is not the fine, but rather the points and the effect it will have on your insurance. Don’t worry, with a good driving record there is still hope that you won’t be penalized by your insurance company.
Read More!Effective March 24, 2021, there’s a new presumption in Michigan law against jail or probationary sentences for persons convicted of certain misdemeanor offenses.
Read More!Many criminal cases are abandoned by the prosecution prior to trial. Charges are dismissed for many reasons – including exculpatory information provided through defense investigation, the suppression of necessary evidence due to constitutional violations, and recanting or uncooperative witnesses. Prior to June 12, 2018, however, a dismissal of charges still left a lingering stain on a person’s publicly-available record in the State of Michigan.
Read More!When administering an estate or managing a trust, taxes don’t disappear because the original taxpayer has passed away. In fact, these entities become separate taxpayers with their own IRS and Michigan tax obligations—including the requirement to make quarterly estimated tax payments.
Read More!When administering a trust or estate, fiduciaries often focus on asset management, beneficiary distributions, and honoring the decedent’s wishes. However, the preparation and filing of Fiduciary Income Tax Returns shouldn’t be overlooked.
Read More!A trust can hold any asset, including money, land, personal property, shares of ownership in a company, vehicles, etc. Typically, a trust is revocable, allowing the grantor to withdraw trust funds whenever they need too.
Read More!Estate planning is a critical step toward ensuring your loved ones (and assets) are protected in the future. Many people delay it, thinking it's something to consider later in life. However, starting early allows you to control your legacy and provide for those you care about when you’re no longer able to.
Read More!By: Suzanne R. Fanning Trusts have become increasingly popular as an estate planning tool in recent years. Trusts aren’t just for the wealthy. They are useful for anyone who does not want their assets to have to go through probate at their death. A trust is a legal relationship in which the creator of the trust (called the grantor, settlor, or trustmaker) entrusts a trustee with the managem...
Read More!Avoiding probate is a priority for many people, and understandably so; they don’t want their family, already grieving their loss, to be confronted with administrative difficulties in settling their estate.
Read More!Estate planning feels overwhelming because most people do not know where to begin. The real question is not how much you own, but what documents are needed for estate planning to protect your family, your finances, and your future under Michigan law.
Read More!Families often agree that a guardianship was necessary at one point, yet struggle when it no longer fits the situation. Deciding how to terminate guardianship of an adult involves legal standards, medical evidence, and court hearings that can quickly become overwhelming, especially when family members disagree.
Read More!An adult guardianship may be needed to help ensure your loved one’s safety if they are suffering from cognitive decline or have been diagnosed with dementia or Alzheimer’s.
Read More!When you’ve become estranged from a family member, the last thing you want is for them to inherit your property by default. However, this is exactly what can happen without a clear, legally enforceable estate plan. Michigan’s intestacy laws—which apply when someone dies without a will—automatically direct assets to spouses, children, or other relatives, regardless of your ...
Read More!Power of attorney and guardianship both serve as legal tools that can give someone else the authority to make decisions for you if you cannot make them for yourself. But while there are many similarities between these two vehicles, there are some crucial differences to be aware of when it comes to using a power of attorney vs guardianship.
Read More!When a loved one dies and a trust exists, families often breathe a sigh of relief—no court, no probate, no hassle. But that’s only half true. A trust avoids probate, not the legal work that follows. Administering it still means valuing assets, following Michigan’s trust code, keeping beneficiaries informed, and resolving debts and taxes before anything is distributed.
Read More!The vast majority of civil lawsuits that are filed rarely make it to trial. There are a variety of mechanisms that encourage parties to settle prior to trial, such as court-ordered mediation, settlement conferences conducted by the Court, plus the hard work of the parties and their counsel to reach settlements on their own.
Read More!If you are part of the sandwich generation—caring for both your children and your parents at the same time—it is crucial that you know whether or not your parents have an existing estate plan. While the final decisions within their estate plan rest with them, creating a comprehensive estate plan is an absolute necessity, regardless of when it is done. The thought of speaking wit...
Read More!Digital assets are a category of commonly overlooked assets that play a crucial role in your estate plan and the legacy you leave behind at your death. It is all right if you did not consider these items when you first created your will or trust; such a mistake is surprisingly common and, luckily, easy to correct. What are digital assets? They include all of the following: ● &n...
Read More!Once a petition to appoint a personal representative has been filed, Michigan law gives certain individuals the right to object to the appointment. But who can object—and what grounds do they need?
Read More!When a loved one passes away, someone must take responsibility for handling their final affairs—paying debts, distributing assets, and navigating the probate process.
Read More!When a loved one can no longer make important decisions for themselves, Michigan law provides a way for someone else to step in and help. That legal arrangement is called guardianship.
Read More!Do you have a child heading off to college? This new adventure in your child’s life is a new chapter full of new experiences and newfound freedom. Your child has recently become the age of majority and legally you’re no longer allowed to speak for them and help protect them like you did for the past 18 years.
Read More!Life doesn’t stand still—and neither do your assets or relationships. That’s why it’s essential to understand how unexpected events can impact the distribution of your estate.
Read More!A cottage trust is a legal tool designed to help families preserve their cherished cottages for generations. In Michigan, many families own cottages that hold great sentimental value and serve as gathering places for loved ones.
Read More!Estate planning isn’t just for the ultra-wealthy; it’s for anyone who wants to protect their loved ones and ensure their assets are distributed according to their wishes. Without an estate plan, Michigan law decides who inherits your property, which likely won’t align with your intentions.
Read More!If you’re talking to a friend and they tell you they have a way you can transfer your house to your kids when you die and avoid probate, that sounds pretty good, right? They’ll tell you it’s simple, all you need to do is go online and search for Ladybird Deed.
Read More!Are you prepared to safeguard your assets and ensure a smooth transition for your loved ones? Understanding the details of trust administration and probate is crucial to effectively managing your estate.
Read More!Setting up a trust does not automatically avoid probate. Instead, if you want to make sure your assets pass to your beneficiaries without getting stuck in the courts, you must title them into your trust and name primary and secondary beneficiaries to your retirement accounts, life insurance, and annuity policies.
Read More!Did you know that the Michigan Uniform Power of Attorney Act (UPOAA), signed into law by Governor Gretchen Whitmer on November 7, 2023, took effect on July 1, 2024? What does this mean for you in regards to estate planning? Pear Sperling Eggan & Daniels, P.C. is here for you when it comes to answering all your legal questions and making sure you’re setup for success. The UPOAA Act repla...
Read More!Few things are more difficult than seeing your elderly parent in physical and mental decline, and having to provide care for the person to whom you have always looked to for care and guidance. Unfortunately, when a senior becomes unable to care for him- or herself, the only way to protect them and their well-being may be for an adult child to apply for guardianship of their elderly parent.
Read More!Nearly as important as the decision to make a will is choosing an executor to administer your estate. Your executor is the person charged with carrying out your last wishes, settling your debts, and distributing your remaining property to the people you want to receive it.
Read More!In short, the answer is yes: a Michigan guardian can sign a DNR order. However, there are some exceptions to consider.
Read More!To continue to do many of the things you’ve done for your child all their lives, you will need a power of attorney for your college student.
Read More!As this blog post is published, we’re in the thick of the holiday season: shopping, decorating, attending parties, gathering with loved ones, and thinking about the year to come. Often, the holidays are also filled with reminiscences of loved ones who have gone before us.
Read More!The death of a spouse, parent, or friend invokes the depository provisions in one’s estate planning documents. While the process to transfer tangible personal items can be simple, transferring an asset with a title can be more complex. Here are common scenarios for transferring vehicles in the State of Michigan: Spouse. If the deceased is survived by ...
Read More!Most people expect that after their death, their property will go to their family. But what exactly does that mean? If you adopt a child, do they have the same inheritance rights under the law as any biological children you have?
Read More!Most people don’t spring out of bed on their eighteenth birthday, eager to start their day with a good breakfast and a visit to the estate planning attorney. In fact, many people wait decades before making an estate plan, and some never make one at all. Often, the reason they give when asked is, “I’m waiting until I need one.”
Read More!In a nutshell, a pour-over will is a tool to make sure that everything in your estate passes according to the terms of your estate plan. In recent years, trusts have become an increasingly popular way to avoid probate and ensure that inherited assets are managed for beneficiaries, like children and young adults, who may not be ready to manage an inheritance.
Read More!Cross border ownership of real estate is a common practice today, as investments in real estate extend between the United States and Canada. The practice is so easy, you can forget to ask, “what is the process to transfer this property upon my death?”
Read More!The decision to pursue guardianship of a loved one can be a difficult, but necessary one. Most family members who seek to become a guardian of a vulnerable person do so not because they want to control their loved one’s life, but because they believe that person is at risk, physically or otherwise, without a guardian’s protection.
Read More!If someone close to you has recently died, you may have received communication from the “personal representative of the estate.” In this blog post, we’ll discuss what a personal representative is, what they do, and what your rights are if a personal representative is not fulfilling their obligations.
Read More!Trusts aren't just for the wealthy or for complicated estates. They can be helpful for "average" folks like you! What do trusts do? How can trusts be used?
Read More!One of the most common questions estate planning attorneys hear is “Do I need a will, a living trust, or both?” Often, the question is asked by a new client who has been doing research on estate planning, or who has been advised by a friend or family member. We are always happy to hear this question, because it is a great way to begin exploring our clients’ needs.
Read More!Most Americans have estates that fall under the federal estate and gift tax exemption. However, the exemption is set to be cut in half in 2026.
Read More!Estate planning is important, but what happens if no one can find your important documents? All that hard work could be for nothing, leaving your family frustrated and unsure how to deal with sorting out your assets.
Read More!If you are getting ready to attend your first estate planning meeting with an attorney, congratulations! That means that you’ve already taken the most difficult step: making the decision to make an estate plan. Now you may be concerned about what you should do to get the most out of the consultation.
Read More!Five years ago, cryptocurrency was probably not on your radar. Today, it may be an important investment in your portfolio. You could even own some nonfungible tokens (NFTs) powered by the same blockchain-based technology. Despite the dizzying fluctuations in the value of these assets, if you own them, you should ensure that they’re included in your estate plan so you can preserve them for your loved ones.
Read More!Many Americans spend a lot of time and effort managing their finances. While most are worried about how the coronavirus (COVID-19) will impact their income—whether that’s because they’re temporarily furloughed, find themselves suddenly without a job, or watching their investment and retirement accounts dwindle—there’s another way COVID-19 can wreak havoc on American’s finances: lack of incapacity planning.
Read More!It’s not hard to make a valid will. In Michigan, all a will needs in order to be valid under the law is to be in writing; signed by the person making it (or by someone else at that person’s conscious direction); and signed by two witnesses to either the signing of the will or the testator’s acknowledgment of their signature on the will.
Read More!An estate plan often focuses on tangible property such as jewelry, artwork, money, and vehicles. In this age of technology, it’s important to include your digital assets.
Read More!You may already know the importance of funding a trust as a part of preparing for your death. It’s also important to know other things you should be preparing for before you die.
Read More!A beneficiary designation is an agreement between your estate and a financial institution to pay specific assets upon your death to a named trust or individual. For example, your life insurance policy may have your spouse or child named to receive the payout when you pass away. Coordinating your beneficiary designations with your estate planning documents is essential to protect your beneficiarie...
Read More!Do you want to appoint guardians for your children? It’s important to have a plan in place when you have a growing family. Pear Sperling Eggan & Daniels, P.C. estate planning attorneys are here to help you plan for the unexpected.
Read More!Do you or a loved one need help making financial or medical decisions? Are guardianships a good thing? It depends on your situation.
Read More!When a person lacks the legal capacity to make decisions on their own behalf, they need someone who can make those decisions for them. Being under the age of 18 is such a legal incapacity. For most children, the decision maker is a parent.
Read More!Estate planning comes down to 2 simple questions – “Who gets what?” and “Who’s in charge”? However, if one of the beneficiaries is receiving or might receive Medicaid or Supplemental Security Income (“SSI”) in the future, the answer to these questions gets more complicated.
Read More!Have you decided to have your Will and Estate Plan drafted? This process involves identifying what assets you have, where they should go, and how they should be given to the recipient, but the most important step is selecting someone to oversee the entire process once you’re gone.
Read More!The essence of estate planning is to direct distribution of one’s estate to his or her intended beneficiaries through “dispositive” language, including the distribution of property, whether it be personal property, investments, or liquid assets.
Read More!As adults, we are accustomed to making our own decisions and managing our own affairs, both personal and financial. Unfortunately, sometimes adults become unable to take care of their own needs, and someone else needs to step in to assist them, for their own protection.
Read More!The number of unmarried partners living together in the United States is at least 17 million, which translates to 34 million individuals or approximately 7% of the total adult population. The number continues to grow.
Read More!Are you required to revise your estate plan documents after a certain length of time? This question is asked by clients and perspective clients on a regular basis. It’s an important question to discuss with an attorney.
Read More!Since the moment President Biden was declared the winner of the 2020 election, attorneys, tax planners, and financial professionals have speculated about how the new administration might change the tax landscape, particularly with regard to estate tax planning.
Read More!Legal guardianship is not an issue most people think about unless it is splashed across websites and tabloid television, as in the Britney Spears guardianship saga. But the reality is that guardianship abuse is widespread, even though it rarely gets the publicity that the Spears case did.
Read More!In the past we wrote on “How to Score a Touchdown with a Living Trust” and “Funding a Trust Gets You Across the Goal Line.” In keeping with the football analogy, we’re going to describe the 3 “plays” of estate planning to gain a first down.
Read More!Just as “there’s no such thing as a free lunch,” in death, no one dies without an estate plan.
Read More!Conservators have been in the news lately, with singer Britney Spears pushing back in court against her father’s 13-year conservatorship over her. Many of the people standing outside the courthouse waving “FREE BRITNEY” signs have only a vague idea of what a conservator actually does.
Read More!Estate planning, including preparing your will, is filled with big decisions. One of the most important is your choice of executor (also called a “personal representative”).
Read More!Under current law, the annual gift tax exclusion is $15,000 per donor per recipient. This means an individual can make as many gifts of $15,000 to as many people as he or she chooses, free of taxes for the recipients.
Read More!In a previous blog, about “How to Score a Touchdown with a Living Trust” where we mentioned that funding a trust is important to scoring a “touchdown.” Let’s further discuss the funding process to get across the goal line and avoid probate.
Read More!The COVID-19 pandemic has been an unsettling time for all of us. It has placed many restrictions on getting business done, but as the old saying goes, “necessity is the mother of invention”.
Read More!If you are making or updating an estate plan, you may be wondering if a living trust should be a part of it. You may be under the impression that trusts are complicated or only for the wealthy. In reality, trusts offer a host of benefits, and you don’t have to be wealthy to realize those benefits. Not everyone needs a trust, but you may be surprised to learn what a trust can do for you and your family.
Read More!The laws of physics play out in our world; starting with the Newton’s Third Law of Motion, “…for every action there is an equal and opposite reaction.” The Stay Safe, Stay Home Order was no exception.
Read More!Learning that an older family member is being mistreated is a gut-wrenching experience. At first, as with many other types of abuse, you may not want to believe it, especially if the abuser was someone who was supposed to be caring for and protecting the victim. The initial impulse to deny that elder abuse is happening is a natural one, but once the shock wears off, you quickly realize that something needs to be done to protect your vulnerable loved one. Where do you turn?
Read More!“Respect your elders” is something many of us heard as children, and we grew up with the understanding that older people deserved to be treated with deference and dignity. Our older parents and grandparents have cared for us, taught us, and protected us. In their golden years, when they may need more help, it’s time for us to return the favor.
Read More!As of this writing, COVID-19 infections appear to be on the decline in Michigan—some welcome good news after months of stress and worry over this novel infection. And while the decline in cases is a positive development, it is not reasonable to expect that everything will just go back to normal (or that we will not experience another wave of infections). Instead, this is a good opportunity to take stock of what we’ve learned, and to ensure your estate plan is updated in case some future emergency should arise.
Read More!As a result of the Stay at Home, Be Safe executive order issued by Governor Whitmer in response to the Coronavirus virus people are required to stay home and quarantine. Did you know we’re still available via phone, Zoom or Skype to start a conversation about getting your affairs in order? In the past, we couldn’t sign the documents because the law requires the physical presence of two witnesses and a notary. Until now!
Read More!I often say that parents do a lot for their child during their lifetimes. The last gift that we give to them is to make sure everything we leave behind is in order. Getting your affairs in order involves preparing for your death by signing a Last Will and Testament or a Revocable Trust and making sure your assets and beneficiaries are titled correctly.
Read More!When you hear the term “estate planning,” what comes to mind? If you’re like most people, you think of drafting a will or a trust, with the intention of disposing of your assets after your death.
Read More!“The Setting Every Community Up for Retirement Enhancement Act (SECURE Act), signed into law on December 20, 2019, drastically changes the rules for inherited IRAs."
Read More!“Has it been awhile since you reviewed your estate planning strategy? If so, it may require some updating based on recent changes to laws impacting your tax and retirement planning."
Read More!If you are considering seeking guardianship of a loved one, you have almost certainly not come to this decision point easily. Particularly if that loved one is an older relative who is suffering from dementia, you may have spent months wrestling with the question of whether it is more appropriate to act for their protection by seeking guardianship, or to preserve their independence.
Read More!A personal representative is the person in charge of overseeing and distributing the property owned solely by a deceased person, or decedent, at their death through the probate process. (Property owned jointly with others, or held in a trust, does not need to go through probate.) Who can be appointed a representative in a probate case?
Read More!Congress passed the Setting Every Community Up for Retirement Enhancement Act (“SECURE” Act or “the Act”) implementing a major change to retirement plans, effective January 1, 2020.
Read More!Beneficiaries of individual retirement accounts may not see their inheritances for a decade under the newly passed Secure Act, and when they do get the money, they may be taxed heavily for it. Under the new retirement legislation, which was signed into law just days before Christmas, beneficiaries of inherited IRAs will need to withdraw that money within 10 years — that is, if they have access to it at all within that time.
Read More!With the death of a loved one, normal routines and patterns can be thrown into disarray. That is why we encourage our clients to create an estate plan: so that in the days following a death, a trusted person can manage the assets of the deceased (decedent) and ultimately distribute them to the decedent’s loved ones.
Read More!Over the years, the primary estate planning tool for parents with a special needs child was an Amenities Trust. This trust allows parents to provide an inheritance to their child without impacting their child’s eligibility for certain government benefits.
Read More!From the perspective of the person creating a trust (called the settlor or grantor), a trust may have many advantages: probate avoidance, the ability to exert control over assets left to children and grandchildren, and the security of the knowledge that trust assets will be managed by a competent trustee.
Read More!Can a prenup keep you from inheriting from your spouse? Learn how a prenup could affect your inheritance, and estate planning alternatives.
Read More!To win football games, a team needs to score touchdowns, not just kick field goals, when it reaches the “red zone.” Kicking field goals, rather than scoring touchdowns between the 20-yard line and the end zone loses football games. In this blog, we discuss “How to Score a Touchdown with a Financial Power of Attorney” by avoiding probate court after you become incapacitated.
Read More!You have the ability to make your own medical decisions. You can accept, refuse, or stop medical treatment. If you lose the ability to make your own medical decisions, someone else will have to make those decisions for you. The good news is that you can choose the person you want to make those decisions. That person is called your “patient advocate” and you can give them information about your preferences, values, beliefs, wishes and goals that will help him or her make the decisions you want made.
Read More!Family disagreements often occur concerning funeral arrangements and the disposition of their loved one’s body or cremated remains. Until recently, if there was no surviving spouse, the decision rested on the majority of decedent’s living children. Now, in Michigan, an individual can designate a funeral representative in a document separate from a will or power of attorney.
Read More!This is a question that’s frequently asked by our clients when discussing their estate plan options. The answer depends on the facts of each case but, in general, there are good reasons to hold title in the husband’s name and wife’s name, as husband and wife, rather than in their living trust name. Property that’s in the names of both a husband and wife is considered to be...
Read More!Undue influence happens when an elder adult is threatened, pressured, manipulated or cajoled into making changes to his or her estate plans, property ownership or financial assets that the elder adult wouldn't make but for the undue influence.
Read More!One of the most common questions I am asked by a new client in an initial estate interview is "Do I need a trust?"
Read More!Wendy Alton was honored to speak with the Down Syndrome Support Team (DSST) in Saline this past Sunday about estate planning for special needs families. Many families have children that may require or presently require assistance outside of what the family can provide. This can be either while the child is still a minor, or when they become an adult. Unfortunately many of the programs require a &...
Read More!Pear Sperling Eggan & Daniels is proud to announce that Andrew M. Eggan, a partner in the firm’s Ypsilanti office, has been awarded the 2014 Detroit Five Star Estate Planning Professional Award. Metro-Detroit publications Hour Magazine and DBusiness compiled the lists of attorneys based on 10 objective pieces of eligibility requirements and evaluation criteria. The prestigious Five Star...
Read More!To win football games, a team needs to score touchdowns, not kick field goals, when it reaches the “red zone.” Kicking field goals, not scoring touchdowns, between the 20-yard line and the end zone loses football games. A living trust is used to avoid probate court. Avoiding probate saves money and time and allows an estate to be settled privately rather than through the public process of probate court. But, merely signing trust documents and doing nothing else only gets you to the “red zone.”
Read More!By: Paul C. Fessler When a marriage involves few shared assets and each spouse maintains separate finances, dividing property during a divorce is often relatively simple. As wealth accumulates, however—when real estate, investments, or business interests are involved—property division can become far more complex and contentious. If spouses are unable to agree on how to divide their as...
Read More!Undue influence occurs when an often elderly or person with diminished capacity, is subjected to threats, misrepresentation, undue flattery, fraud or physical or moral coercion.
Read More!Are you facing a separation in Michigan? Do you need help unwinding your finances and living arrangements? The Friend of the Court (FOC) and consulting with an attorney can be a valuable source of support during this challenging time. Divorce is an emotional time as couples who once considered themselves one unit, now have to figure out and learn to live apart, separate property, finances and emo...
Read More!There are many reasons why you may want to change your name, from disliking your current name, changing your name following a divorce, and transgender name changes to reflect identity.
Read More!Family Law cases can be complicated because emotions tend to run high. Divorces, custody battles and parenting time cases involve those we love most and always require an adjustment to how we live our daily lives. The three main areas of dispute usually involve divorce with children, divorce without children, and parenting time or custody matters. Divorce With Minor Children Divorces ...
Read More!Family Law cases can be complicated because of all the emotion involved. Divorces, custody and parenting time cases involve those closest to us and they always require an adjustment to how we live our daily lives. The three main areas involve divorce with children, divorce without children, and parenting time or custody matters. Divorce Without Children If you want to be granted a div...
Read More!You may have come across a situation where you have concerns that your client has, or you suspect has, evidence of some loss of memory, and/or problems with language, problem solving, and other thinking abilities. Perhaps you have an elder client who is exhibiting short term memory issues or other cognitive impairments.
Read More!These days, elderly parents may still need personal and practical assistance, but it’s much more likely that family members live far away. That’s a simple reality of our mobile society: children may move away from their hometown for job opportunities, and seniors themselves may move away to retire somewhere warmer than where they raised their family.
Read More!Legally, pets are considered property. But anyone who actually has a pet understands that they are much more than that—pets are members of the family. You create an estate plan to protect the human members of your family. But have you considered estate planning for pets?
Read More!More than half of American's don’t have a will or any type of estate plan. A simple answer to “Do I need a Will?” is yes, but there is more.
Read More!The word “conservatorship” wasn’t familiar to many people until this year, when the saga of pop singer Britney Spears’ conservatorship burst into the public consciousness. Images of #FreeBritney protests appeared on the news, and dramatic headlines splashed across the internet and every tabloid magazine.
Read More!Fewer than one percent of wills are challenged in court, and many of those challenges are unsuccessful. The fact of the matter is, it is not easy to overturn a will, or even a provision in a will. That said, the law of every state, including Michigan, includes provisions for contesting a will.
Read More!While a will is one of the most important estate planning documents you can have, there are things that it won’t cover. A will is just one part of a comprehensive estate plan.
Read More!The COVID-19 pandemic has made many of us focus on the need to have our estate documents in order, especially powers of attorney and wills. But, what do we do about the signing requirements for witnesses and notaries when we live in a time of social distancing and statewide stay at home orders?
Read More!It’s on every television news channel, splashed across the front page of every newspaper, blaring from radio stations and popping up on every social media site: the novel coronavirus, which causes the respiratory illness known as COVID-19.
Read More!What happens if you are divorced? Who receives the payment? What if you are divorced with children? Or unmarried with children? What then? These are all very important questions and there are some answers.
Read More!On March 23, 2020, in response to the COVID-19 outbreak, Michigan Governor Whitmer issued Executive Order 2020-21 which was a “Stay Home-Stay Safe” order requiring Michigan residents to shelter in place and restrict travel. The Order was scheduled to expire on April 12, 2020, however, the Order may be extended and Governor Whitmer indicated on April 6, 2020 that an announcement may be coming shortly.
Read More!Divorces can be expensive, especially when one spouse has to conduct extensive discovery, or in other words, send the other spouse numerous requests for information about their income and assets. While some spouses openly share this type of information, some don’t, and the lack of sharing information can be one of the leading causes of higher attorney fees.
Read More!For most of your child's life, you've been responsible for managing their healthcare, and any significant assets intended for them. When they wake up on their eighteenth birthday, you still see your beloved child—but the law sees a legal adult.
Read More!Our clients raise this question for various reasons. They could be inquiring because they are not getting along and don’t want their spouse to receive anything from their estate when they pass away. It could be that the parties have a pre-nuptial agreement or a financial plan in place that the client wants to make certain is not subject to change by the spouse after the client dies.
Read More!One of the most frequent questions our divorce clients ask is: “Does spousal support automatically ends if the person receiving support remarries?” The law states that unless you agree to other terms in your divorce judgment, a remarriage is considered a change in circumstances. The court may terminate spousal support if the person receiving support remarries.
Read More!Whether you’re planning on becoming a first-time parent or you have half a dozen children, it’s important to know what your parental rights and responsibilities are.
Read More!47.8 million people, or 13% of the U.S. population are now over the age of 65. About 1.5 million of those people currently reside in nursing homes. A nursing home is a residential facility that provides skilled nursing care. Nursing homes provide a level of medical, cognitive, behavioral and functional care that independent and assisted living communities do not typically provide.
Read More!You are engaged to be married, and have either bought or received a beautiful (expensive) engagement ring. Unfortunately, something happens to destroy the pre-wedding bliss and the wedding is called off for good. If the marriage never happens, who gets the engagement ring? The courts in Michigan have answered unequivocally: the person who gave the ring in anticipation of the marriage.
Read More!Common law marriage is the term for a “marriage” that exists solely by agreement and by cohabitation. More simply, a common-law marriage exists when two people agree to live together to be “married.” Common-law marriage is one of the fundamental rights that has existed in this country since the first settlers. In 1838, Michigan passed a law that stated that “marriages may be solemnized by any justice of the peace in the county in which he is chosen, and they may be solemnized throughout the state by any minister of the gospel who has been ordained.”
Read More!A common misperception of people going through a divorce in Michigan is that spousal support (formerly called alimony) is based solely or mostly upon a difference in income between the spouses. While it is true that the court considers income when deciding if spousal support should be awarded—income is just 1 of 14 factors that the courts review.
Read More!We often think that custody battles involve just children. However, pets are often cherished members of the family, and how divorcing couples share time with their pets is often of primary focus and concern. It is not uncommon to hear the following: “My dog is my baby.” Despite the close loving relationship we have with our family pets, they are considered personal property in Michigan—which means that a divorcing couple must come to an agreement on who is going to take the pets.
Read More!It seems like one of the biggest mysteries with family law clients is how child support is actually calculated. It is a common misperception that child support is based just on the income of both parents. While income is a factor, it is not the only consideration when child support is calculated.
Read More!In the state of Michigan, you can end your marriage by filing for one of three things: divorce, separate maintenance (legal separation), or annulment. An annulment is only granted if the marriage itself was void from the beginning or the marriage is voidable. A void marriage in Michigan is a marriage that could not have taken place legally from the beginning. What this means is that there was consanguinity, affinity, bigamy, minority, incapacity or incompetency.
Read More!One common question that is often asked is whether or not Michigan has what is called a “legal separation,” allowing a married couple to legally separate, but still remain married. The simple answer is yes, but the procedure is not so simple. Michigan has a legal action entitled “Separate Maintenance.” An action for “Separate Maintenance” is filed with the court just as a Divorce action is filed.
Read More!According to a recent study, divorced parents contribute a significant amount less toward college for their children than parents that remain married. The study was discussed in a Washington Post article, and revealed that divorced parents spend nearly 1/3 less on college expenses than married parents. Obviously this is a huge difference and disadvantage to children of divorce. What can you do as a divorced parent to ensure that college expenses remain a priority?
Read More!Forbes previously published an article titled “Protecting Your Business In a Divorce: Pre-Nuptial Agreement.” It is an excellent article, but it is also a reminder that prenuptial agreements are useful for more than just protecting a business. Prenuptial agreements are agreements made between couples who are planning on getting married. The agreements will specify what happens with their money and property if they divorce or pass away.
Read More!A small but important question is always asked of the wife during divorce proceedings: Do you want to keep your married name, or go back to your maiden name? If the attorney fails to ask the wife this question, the Judge may ask the question at the final hearing. Some women have a difficult time making this decision—especially if they have children from their marriage.
Read More!By: Nicole E. Mackmiller, immigration attorney in Ann Arbor Any foreign national who obtains legal status in the U.S. as a lawful permanent resident is issued a Lawful Permanent Resident Card, commonly known as a “green card.” Pursuant to 8 USC 1304(e), “ Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certif...
Read More!Recently, the Department of Homeland Security expanded its policies for foreign nationals that are subject to detention by U.S. ICE. In July 2025, DHS started interpreting INA § 235(b) to require the mandatory detention of all “applicants for admission” by U.S. ICE.
Read More!The right to receive unemployment insurance benefits after an employment relationship ends depends solely on why the relationship ended. Employers and employees commonly believe that because the employee is jobless he/she is entitled by law to receive unemployment benefits from the State. However, in many situations, that’s not true.
Read More!Employers commonly condition the hire of a new employee on their willingness to agree in writing that after leaving the job, he or she will not engage in another job or a business that is competitive with the employer’s business.
Read More!One of the most common types of inquiries I receive is from people who claim they’re victims of workplace harassment instigated by a boss, supervisor or co-worker. Their most common question is if they can put an end to the harassment and recover money damages from the harasser. Unfortunately, the situations that afford a harassed employee a right to threaten or take legal action against a ...
Read More!The vast majority of civil lawsuits that are filed rarely make it to trial. There are a variety of mechanisms that encourage parties to settle prior to trial, such as court-ordered mediation, settlement conferences conducted by the Court, plus the hard work of the parties and their counsel to reach settlements on their own.
Read More!A state can create regulatory agencies through the Tenth Amendment, under which they have the power to regulate medicine and other professions through professional licensing boards. These are known as state medical boards (SMB). Every state has an SMB. The state board licenses physicians, investigates complaints, disciplines physicians, and refers physicians for evaluation and rehabilitation. SMB...
Read More!Choosing the right lawyer for your situation and needs is extremely important. You may be asking yourself, “What kinds of things should I consider?”
Read More!Whenever someone is looking for representation on a lawsuit, whether it’s because they are considering suing someone, or they have been sued, inevitably they get to the question “So how long will this all take?”
Read More!Starting January 1, 2020, litigants in civil cases in Michigan’s state courts will face significant changes in how cases are handled. The Michigan Supreme Court recently adopted changes to the Rules of Civil Procedure that will completely overhaul the discovery process in Michigan to bring it closer to the procedures in federal court. If you’re not familiar with the Federal Rules of Civil Procedure the changes could be overwhelming, but for many litigants the changes will be welcome.
Read More!One of the most common type of calls we receive comes from people who believe they’ve been defamed. Almost without exception we have to turn them away, informing them that, unfortunately, even if someone said something hurtful, it’s not defamatory. This may leave clients confused, wondering why that’s the case. Going back to the roots of the United States, the protections afford...
Read More!We have two separate court systems in Michigan, a state court system and a federal court system. For disputes involving amounts of $5,000 or less, you can sue in state small claims court, which is usually available in each city (at the local district court) and does not require an attorney. In fact, you cannot have an attorney in small claims court. If your dispute involves amounts over $5,000 bu...
Read More!Under the Michigan Whistleblower’s Protection Act (“WPA”), an employer is subject to civil liability and penalties for discharging, threatening or otherwise discriminating against an employee because the employee reports or is about to report, a violation or suspected violation of a law, regulation or rule to a public body, unless the employee knows that the report is false, or ...
Read More!When named as a defendant in a lawsuit, the natural instinct of most people is to panic or despair. Faced with the possibility of having a judgment entered against them and the equally daunting prospect of dealing with the legal system and having to pay for an attorney even if they win, most people understandably worry about what will happen to them, their family, and their overall well-being. Ev...
Read More!Few things can raise your anxiety levels faster or farther than being sued. The uncertainty of what will happen, the cost of hiring a lawyer, the apprehension of what happens if you lose, and the general unfamiliarity most people have with the legal system can intimidate many people. Because of this intimidation, it is important to know what steps you need to take to protect yourself.
Read More!Anyone who has participated in a local zoning controversy—whether as a property owner desiring to alter the use of a parcel, a nearby property owner displeased with the proposed change, or a governmental agency (council, planning commission, zoning board of appeals) required to resolve the issue—knows full well that these matters can arouse strong emotions.
Read More!In a case of first impression, the Michigan Court of Appeals found that a series of e-mails exchanged between four members of a seven member township parks and recreation commission constituted a violation of the Open Meetings Act (“OMA”). Markel v. Mackley, 11/1/16, 2016 Mich App LEXIS 2004. The OMA requires that all meetings of a public body be open to the public.
Read More!Business owners owe a reasonable duty of care to protect customers from unreasonable risks of harm caused by hazardous conditions on a business premises. If the operator of a business fails to comply with this duty and a hazardous condition causes a customer to suffer an injury, that customer may have a personal injury claim against the premises owner. However, it can be very difficult to succeed...
Read More!When a loved one dies, probate is often one of the last things family members want to think about, but it quickly becomes unavoidable. Probate is the legal process of validating a will, paying debts, and distributing assets.
Read More!Dealing with the death of a loved one is hard enough on its own. But when the death is due to someone else’s negligence, it adds another level of pain and distress.
Read More!Losing someone you love is already hard. When there are disagreements or confusion about their will, things can become even more difficult and this is where the Michigan probate court comes in.
Read More!Probate can be a confusing and emotional process, especially when you’re already dealing with the loss of a loved one. If you’re responsible for handling an estate in Washtenaw County, you may not know where to start or what steps to take.
Read More!In the aftermath of a loved one’s death, you face another challenge: administering the deceased person’s (decedent’s) estate, otherwise known as going through probate. Probate is the court-supervised process of settling the decedent’s debts and distributing the remaining assets to heirs or beneficiaries.
Read More!Navigating probate court can be confusing, especially understanding fees. We’re here to help you understand the process of calculating Michigan probate court inventory fees, and provide a link to a calculator to determine the Inventory Fee. Follow this Calculator Link . What is the Inventory Fee? Michigan law (MCL 600.871(1)) requires probate courts to collect an inventory fee on the ...
Read More!The Washtenaw County Probate Court is responsible for handling legal matters related to wills, estates, and guardianships. If you have a loved one who has passed away or need assistance with estate planning, guardianship, or conservatorship, the Probate Court can provide the necessary services. Probate Court Services The Washtenaw County Probate Court handles a variety of m...
Read More!Probate disputes typically involve private family matters: the death of a loved one, conflict over an inheritance or concern over the decline of a elder relative. The best outcome is to resolve disputes about family members privately without the intervention of a judge.
Read More!When someone is trusted to manage another person’s assets or make decisions on their behalf, they’re held to a high standard of care.
Read More!Alcohol Use Disorder (AUD) in elder adults is a growing problem in Michigan. This legal guidance to assist an elder adult with AUD.
Read More!Probate is the process of settling a deceased person’s estate through the probate court system. Being named the personal representative of another person’s estate is a big responsibility; you are charged with carrying out someone’s last wishes, distributing their assets, and following the law.
Read More!For many people, one of the primary goals of estate planning, other than providing for their family, is to avoid probate. Estate planning attorneys encourage people to keep their assets out of probate so often, in fact, that it is common for people to assume that probate is something to be avoided at all costs. Is probate bad? It depends on the circumstances.
Read More!Many people, when asked about their estate planning goals, say that they want to avoid probate. Even if they are not entirely sure what the probate process involves, they have the sense that avoiding probate is a good thing—and often, they are right.
Read More!These words don’t usually come up in conversation, but if you have recently been involved in dealing with a loved one’s estate, you may have heard the words “testate” and “intestate” and wondered what they mean. They sound very similar, but they mean the exact opposite—and the difference between testate and intestate could be important to your family.
Read More!Often, when a homeowner dies, their house is the largest asset in their estate. One question we often hear is, “Can I sell a house before probate?”
Read More!The days and weeks after a loved one’s death are difficult, as you deal with your grief and begin adjusting to life without your family member. Unfortunately, the mourning period often involves the need to probate your loved one’s estate.
Read More!By: Suzanne R. Fanning What is Adult Guardianship? Filing for an adult Guardianship can appear daunting at first. However, with some simple guideline, the process can be straightforward. A Guardianship allows a person to make medical and placement decisions for another person who is unable to make those decisions (the ward). Guardianship is most often used when a person has lost...
Read More!Inheriting property can be complicated, both emotionally and financially. This is especially true when your inheritance is a house. You are likely still dealing with the loss of your loved one, and now must make decisions about what happens to their home.
Read More!A personal representative (PR) of an estate is in a position of trust. The PR is the person appointed by the probate court to manage and distribute a deceased person’s (decedent’s) estate. The PR may be an executor named in a will, or someone selected by the court if there was no will. In either case, the PR is a fiduciary: someone entrusted to manage the estate in the best interests of another party.
Read More!Effective January 1, 2020, litigation in Michigan’s state courts underwent extensive changes because of revisions to Michigan Court Rules pertaining to civil discovery. These changes overhauled the discovery process in Michigan, making it similar to the procedures in federal court.
Read More!In Michigan, when an adult becomes incapable of making good decisions for him- or herself, someone needs to step in and help. Often that person is a guardian or conservator. A guardian makes personal decisions for a legally incapacitated person (ward) such as where to live and what medical treatment to receive.
Read More!Your last will and testament is supposed to give effect to your wishes for what happens to your property after your death. Having a will typically promotes family harmony by making your wishes clear and preventing your family from fighting over what you would have wanted.
Read More!Losing a loved one is always hard, and having to settle their estate while you are still grieving can make things even more difficult. It’s challenging enough when you live near your family member’s last residence and can deal with estate matters and probate court in person.
Read More!If someone close to you has died and their will puts you in charge of administering their estate, you have probably been told that the first thing you should do is hire a probate lawyer. Similarly, if a loved one has died without a will in Michigan, you may be at a loss as to what to do next, and conclude that you need the help of a probate attorney.
Read More!Can a Guardian sign a Do-Not-Resuscitate (DNR) order for a ward in Michigan? Learn what Michigan law says about this important decision.
Read More!Michigan has been particularly hard-hit by the coronavirus that causes COVID-19, and hospitals have been overwhelmed. In order to stem the tide of cases, most Michiganders have been following recommendations for physical distancing and staying at home as much as possible except for essential business outside the home. Some errands are obviously non-essential, and some are clearly critical.
Read More!In the moments after a family member’s death, the need to open an estate for them is probably not the first thing on your mind. But in the days and weeks that follow, you will come to realize that you need to take steps to settle their estate—pay any bills they had outstanding at the time of their death, and distribute their remaining assets.
Read More!In Michigan, the Probate Court is a separate court system that supervises cases involving trusts and estates, as well as incapacitated and vulnerable individuals, and minors. There are a number of different matters that have to be filed specifically in Probate Court.
Read More!Do you remember the movie “My Cousin Vinny”? In that movie, two young men traveling through Alabama are mistakenly charged with a murder of a clerk at the “Sack N Suds”. One of the young men elects to go with the Public Defender, while the other relies on his cousin Vinny, a recent law school graduate from New York.
Read More!Probate mediation in Michigan is a way for parties involved in probate disputes to voluntarily reach a resolution of a dispute outside of a courtroom setting.
Read More!In Michigan, the need for guardianship is growing as the numbers of aging adults with diminished capacity increase. In this blog post, I explain what a guardian does, as well as a guardian's powers and limitations.
Read More!Frustrated heirs will often contact me, frustrated at the lack of information they have received in a probate estate. Unfortunately, estate heirs and devisees don't always know what documents they should receive. This blog will identify what documents the Personal Representative (PR) has to share in a probate estate.
Read More!Finding an original will after someone dies is not always easy. Here are some easy tips to help you locate the original will or use a will copy.
Read More!In recent news, a nefarious company attempted to foreclose on Elvis Presley's former Graceland home in Memphis, Tennessee. The fraudulent investment and private lending company claimed that Lisa Marie Presley, Elvis’s only daughter, used Graceland as collateral to borrow money and failed to repay the loan. The fraudulent company forged her signature on legal documents, and eventually cl...
Read More!This is a non-judicial action to sell a property through an auction facilitated by a county Sheriff’s department. This type of action is commenced by a Mortgage company or lender (Mortgagee) when a property owner or borrower (Mortgagor) falls behind in their mortgage payments, does not make any other payment arrangements, and does not wish to keep the property and eventually, the account go...
Read More!For over a year, the federal and state government, along with governments in many states, put in place moratoriums on evictions to help blunt the impact of the Covid pandemic. These moratoriums, along with aid to renters and other Covid assistance, helped prevent a repeat of the mass of foreclosures and evictions that marked the Great Recession.
Read More!On July 17, 2020, the Michigan Supreme Court issued an important decision in Rafaeli, LLC and Andre Ohanessian v. Oakland County and Andrew Meisner that will impact county budgets and tax-foreclosure protocols.
Read More!Both the Federal and State governments have acted to address the coronavirus crisis and its economic impact on real estate issues. Congress enacted the CARES Act, which is designed to help homeowners with mortgages, tenants, and potentially some landlords. Michigan’s Governor Gretchen Whitmer has also implemented an Executive Order that helps tenants.
Read More!Last year, the Legislature amended the 40 Year Marketable Title Act (the Act), and created a two year window during which holders of “older” property interests could preserve those interests by recording a notice of those interests with the Register of Deeds. That window ends March 29, 2021, leaving about one year left to record such a notice.
Read More!In May, PSED obtained a significant favorable ruling from Judge Kuhnke of the Washtenaw County Circuit Court on behalf of a real estate developer in a complicated dispute with a condominium association. During the housing market crash in 2008, the prior developer was not able to complete all the phases of a condominium complex and 210 unconstructed condominium units went into tax foreclosur...
Read More!Many oil and gas producers have their land surveyors out looking for properties to seismically survey in Michigan now that hydraulic fracturing, otherwise known as “fracking,” has become a profitable way to extract natural gas and petroleum products from the ground. Fracking is a process whereby hundreds of thousands of gallons, and sometimes millions of gallons, of water are in...
Read More!As attorneys who frequently handle disputes arising out of residential leases, the following are the three topics we are asked about most frequently by landlords and tenants: Security deposit issues; Late fees; Repairs that the landlord must make. Each of these issues will be covered in two separate blog posts, starting with the security deposit. The Landlord and Tenant Relationships Act governs ...
Read More!This blog post is the second of two parts that address the three of the topics that clients most frequently seek advice on in the residential landlord/tenant realm. Part 1 addressed what is commonly referred to as the Security Deposit Statute, and can be accessed here. This post will address the following: (1) late fees that a landlord can lawfully charge a residential tenant; and, (2) when a lan...
Read More!Sometimes it takes a lot of time and resources to develop a unique and successful advertising scheme. Whether your business is best known for its name, logo, or catchy phrase, a business should safeguard its hard work and intellectual property. Any individual or business can file an application with the United State Patent and Trademark Office (“USPTO”) to register its trademark and s...
Read More!Any business, whether emerging or established and looking to expand, should consider one or more trademarks to help consumers identify the source of certain goods or services. Regardless of any formal registration, trademark rights are created through their use in commerce. Therefore, it is possible for different entities to obtain trademark rights in the same trademark for diff...
Read More!The popularity of various social media applications, such as Facebook and Twitter, has grown at a rate that far exceeds the ability of courts and the legislature to keep up with regulations and their interpretation. A user on any one of these applications is able to post a comment, a picture, a link or logo within seconds of its creation, becoming a potential advertiser for their own compan...
Read More!On Tuesday, February 19, 2013, the United States Supreme Court heard oral arguments in the case of Bowman v. Monsanto, a very important case for U.S. patent law and just about every research and development institution in the country. The case centers on Monsanto’s patented soybeans that have been genetically modified to be resistant to glyphosate, an herbicide. According to the state...
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