Articles

If a Child Is Born or Adopted After a Will Is Executed, Can the Child Still Inherit?

Birth or adoption of a child is a significant life event that often necessitates revisions to a will or estate plan. Sometimes, though, those revisions are not made. The situation raises a distinct legal issue: If a child is born or adopted after a will is executed, can the child still inherit a share of the estate? A will or estate plan drafted by a knowledgeable, experienced attorney likely will include provisions that address inheritance by … [Read more...]

When Is Elder Exploitation a Crime in Michigan?

Exploitation is a type of elder abuse, which is one of the fastest growing crimes in Michigan, as it is nationwide. Several years ago, a research study estimated that 11 percent of elder adults — as many as 90,000 Michiganders — may be victimized annually by abuse, neglect, or exploitation. The numbers are likely even higher now. Michigan has strengthened the laws that protect elders from exploitation and abuse. Elder exploitation, which … [Read more...]

BRMM Wins Significant Elder Law Case in Michigan Court of Appeals

BRMM attorney Don Rosenberg recently won an important elder law case in the Michigan Court of Appeals. In rendering the decision, the Court of Appeals recognized that the case was one of first impression. In the case, the appellate court ruled that state probate courts have jurisdiction under Michigan's Estates and Protected Individuals Code (EPIC) to enter protective orders providing support for a community spouse whose institutionalized … [Read more...]

Florida Powers of Attorney: What Michigan Snowbirds Need to Know

In our Michigan estate planning practice at Barron, Rosenberg, Mayoras & Mayoras, P.C., we work with clients who spend part of the year in the Sunshine State or who have real estate or other interests in both Michigan and Florida. One primary concern we address for those clients is making sure their estate plans include documents that comply with the Florida powers of attorney law to fully protect their interests in both states. Is Your … [Read more...]

Does an Executor or Trustee Have a Duty to Maintain Confidentiality?

The process of administering an estate after someone dies involves a lot of different responsibilities. The duties include collecting assets, paying debts and satisfying obligations, and distributing the remaining assets directly to beneficiaries or through a trust. The individual who handles administration of the estate is called the personal representative of the estate. That person can be an executor appointed in a will or … [Read more...]

What Is the Importance of Registering a Michigan Trust?

If you have a trust in Michigan, state law provides that you can register the trust. Registering a Michigan trust is not required (except for certain charitable trusts, as discussed below). Even for non-charitable trusts, there are good reasons that a trust should be registered. How Is a Trust Registered? Provisions of Michigan’s Estate and Protected Individuals Act — commonly referred to as EPIC — establish trust registration rules about who … [Read more...]

Federal Estate Tax and Gift Tax Changes in the Tax Cut and Jobs Act Provide New Opportunities for Tax Savings

Most of the changes in the Tax Cut and Jobs Act, which became effective on January 1, 2018, relate to income taxes. However, the law includes important and significant changes that affect federal estate tax and gift tax as well. For now, those changes are only temporary, but they provide immediate opportunities for estate tax and gift tax savings for individuals and couples who take advantage of the new provisions while they are in effect. The … [Read more...]

Should You Consider a Domestic Asset Protection Trust for Your Michigan Vacation Home?

Many Michigan families own a cottage or cabin up north for vacations and weekend getaways as well as family retreats and reunions. Often, the property is faithfully protected as part of the family legacy and is passed down from generation to generation. As a family celebrates births and marriages — and grows in number — sometimes tension can arise among family members about matters such as who can use the cottage at specific times and who is … [Read more...]

Challenging a Patient Advocate Designation / Healthcare Durable Power of Attorney

When an individual signs a legally valid patient advocate designation, the document gives another person the authority to make healthcare decisions for the individual who signed should he or she become unable to make those decisions. The powers of the patient advocate become effective only in the event the individual executing the designation becomes incapacitated. While most patient advocates carefully perform their responsibilities, there … [Read more...]

Estate Planning for Florida Snowbirds from Michigan

If you are a Florida snowbird who hails from Michigan, you know that laws in both states affect many aspects your life. Your estate plan can be particularly impacted. How can you be sure your plan protects your interests and your assets in two different places? You might think that you need one lawyer in Michigan and another one in Florida to make certain you’re covered in both places — but you don’t. Our trusted estate planning lawyers at … [Read more...]