Estate Planning | Elder Law

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...]

What Problems Will Your Family Face If You Die Without a Will?

If you die without a will or estate plan — referred to as dying intestate — your family may face a myriad of problems, some of which may not easily be resolved. Those problems can result in serious family disagreements and even tear a family apart. Your wishes about who should benefit from your estate may not be honored. Family members and loved ones could be left without the financial security you want them to have. Michigan Intestacy Laws If … [Read more...]

How Do I Prove Whether Mom Was — Or Was Not — Competent When She Changed Her Will?

When an elderly parent passes away, adult children sometimes discover that changes were made to the parent’s will without the child’s knowledge. Especially if there were significant changes in beneficiaries and gifts, those changes can raise questions about the parent’s competence when the will was revised. When you find yourself in that situation, how can you determine whether Mom was competent when she changed her will? Michigan law provides … [Read more...]

A Power of Attorney Is Not a License to Steal

How many of us plan adequately for a lifetime disability? Leaving your planning to chance and unforeseen circumstances will only breed disaster. If you are unable to handle your own affairs (business, financial and personal), who will do so for you? Chances are that we will all suffer a debilitating illness such as a stroke, injury, accident, Alzheimer's or old age, before we die. Did you know that if you do become incapacitated you will become … [Read more...]

Florida Snowbirds from Michigan: Considerations in Choosing Your State of Residence

Michiganders who spend winters in sunny Florida often ask two fundamental legal questions: Should I change my legal residence from Michigan to Florida? What’s involved in making a change in my state of residence? Neither question has a simple, quick answer. However, understanding the implications of changing your state of residence and knowing how a change is accomplished provide a good starting point for considering whether the change is in … [Read more...]

How Is a Trust Created?

Trusts are often used in financial and estate planning. A trust is a legal arrangement under which a trustee holds, manages, and disburses assets for the benefit of one of more beneficiaries. But how is a trust created? In Michigan, there are specific statutory provisions relating to creation of trusts. Michigan Law on Creating a Trust The person who creates a trust is referred to as the grantor or settlor of the trust. The trustee is the … [Read more...]

Ethics of Nursing Home / Medicaid Planning

An essential component of our elder law and estate planning practice at The Center for Elder Law, a division of BRMM, is advising clients on nursing home planning, which includes Medicaid planning. Through sound long-term care planning, we assist elders, their spouses, and families in planning for the high cost of long-term care and navigating the ever-increasingly complex Medicaid laws and rules. For several decades, the topic of the “ethics” … [Read more...]

I’m a Florida Snowbird from Michigan — Where Should I Find a Lawyer?

If you are one of the significant number of Michiganders who flock to Florida in the winter, your legal matters need to take the laws of both states into account — but how can you make sure that happens? At BRMM, our answer to your question, “Where should I find a lawyer?” is: right here in Michigan. Attorney Andrew Mayoras passed the Florida Bar and now is licensed to practice in both Michigan and Florida. For Michiganders with interests in both … [Read more...]

Our Michigan Law Firm Serves Client Needs in Florida

All of us at BRMM extend hearty congratulations to partner Andrew Mayoras in passing the Florida Bar exam! With Andy's success, the firm is able to serve the needs of our Michigan clients who have residences or other needs in Florida. While passing a bar exam may not seem like a difficult accomplishment, it really is! We have the data to prove it, including some fun facts about famous people who failed bar examinations. Passing the Bar: Not … [Read more...]

What Can I Do When the Personal Representative Named in the Will Fails to Start the Probate Process?

In Michigan, a personal representative named in a will has to apply and be appointed by the probate register or probate court in order to begin the probate process. While it does not happen frequently, there are situations in which the personal representative does not follow the required steps and fails to start the probate process. Michigan law provides a process that can be followed if that situation arises. Regardless of the reason that the … [Read more...]