2008 October | Michigan Estate Planning Lawyer Blog - Part 2
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Do-It-Yourself Wills; Simple Wills The Estate Planning Myth

October 15, 2008

Filed under: Uncategorized — Christopher J. Berry | Estate & Elder Law Attorney @ 4:00 pm

With all the Suze Ormans, Nolo, LegalZooms out there you might not think it makes a difference, but a will made with software is not the same as a will created by a lawyer.

The idea that the two are similar couldn’t be more wrong. An estate planning lawyer will know the law and possible risks that software can not predict.

Banish this myth from your mind.

In this day and age there is no such thing as a simple will. No one’s life is simple. A theme at our law firm is that “You Family is Worth It.” Your family is worth doing the planning the right way.

Estate Planning | Your Family is Worth It

To give your family the assurance they deserve, that the fate of your estate is truly in order, an estate planning lawyer is a necessity.

Planning For Your Future is a Team Effort

Filed under: Uncategorized — Christopher J. Berry | Estate & Elder Law Attorney @ 4:00 pm

Planning for clients at our firm is not done with a lone ranger approach. We recommend to our clients that they should have a team of professionals to ensure that they meet their estate planning and financial goals. So who should be your teammates?

As you go through your life, you may have an accountant, a banker, a financial planner, an insurance agent, as well as your family. Each of these people have a role to play in helping you make your estate planning decisions.

Your accountant or CPA will be aware of your tax situation and many of your decisions involving estate planning include issues of estate taxes. If you have a business, your accountant will be familiar with its structure and profitability, enabling you to make plans for exiting your business, either by selling it or leaving it to a family member. If living trusts are set up as part of the estate plan, your accountant will need to prepare the trust tax returns. If you give gifts to family members and others during your lifetime, your accountant may need to file gift tax returns, depending on the size of the gifts.

Your banker is familiar with the amount in your bank accounts, in whose name they are in, and whether any of the accounts have “pay on death” designations. All of this information is important when talking to your lawyer about your assets and which assets are part of your estate.

Your financial planner is the person who is informed about the rest of your monetary assets – your stocks, bonds, retirement accounts, and your children’s college funds. These assets, plus your bank accounts, are the core of the wealth that you wish to transfer to your family and loved ones. Your financial planner needs to know what your plan will be and he/she will be the one changing the names on the accounts to your living trust or to your heirs.

Finally, if you have a spouse or children that you are supporting, then life insurance should be part of your estate plan. Life insurance provides immediate cash after you die, cash that will replace your income. If your spouse can work, and your children are grown up, then you may not need life insurance. But, if you do have life insurance, your insurance agent can be helpful in updating your beneficiary designations after you create your estate plan.

Our firm understands that each of these professionals plays an important role for your estate planning needs. If any of these roles are not filled we can get you connected with a professional that will fit well on your team

Tips for Selecting a Michigan Estate Planning Attorney

October 9, 2008

Filed under: Uncategorized — Christopher J. Berry | Estate & Elder Law Attorney @ 4:06 pm

  1. Identify prospective attorneys. Talk to people who work with estate planning attorneys and friends and family who may have done estate planning.
  2. Schedule Screening Interviews. Estate planning is an important process and you need to feel comfortable in selecting an attorney to work with you and your family.
  3. Determine if the attorney is qualified. At the first interview, ask basic questions, for example : What percentage of your practice is devoted to estate planning? What types of clients have you worked with? Ask for references.
  4. Understand the Network of professionals. Estate planning requires a holistic approach that involves a team of specialists: your attorney should not be a lone ranger.
  5. Discuss Fees. You want someone that has a fee schedule that you are comfortable with. Like many things in life, this is an area where you get what you pay for.
  6. Contact any references given. Was the attorney proactive? Responsive? Any regrets or concerns?
  7. Prepare for the second interview. Ask follow-up questions and bring personal documents you wish to discuss, such as current estate planning documents or insurance policies.
  8. Select your Michigan lawyer. You want someone who is qualified, with whom you are comfortable, and has a network of professionals that he or she works with.
  9. Put it in writing. Have a written fee agreement or retainer agreement to ensure that your expectations are met.

An Estate Built for Special Needs

Filed under: Uncategorized — Christopher J. Berry | Estate & Elder Law Attorney @ 4:05 pm

The Wall Street Journal had an interesting article regarding how to plan for special needs children. As our office does this type of planning, it is good to see the word getting out that this type of planning is a necessity.

You can find the rest of the article here:

http://online.wsj.com/article/SB122351155944317491.html

A key compenent when our office prepares a special needs trust is the letter to caregivers. The article talks about this concept in detail:

Letters for Caregivers

There are some other key steps families with special needs should take. Parents should create power-of-attorney or guardianship documents for finances and health care, naming themselves as their child’s agent or guardian when their child turns 18. Without this formality, parents of kids over 18 may not be able to have access to their child’s medical records or make health-care or financial decisions, says Boston lawyer Harry S. Margolis, the co-founder of the Academy of Special Needs Planners.It’s also smart to create a “letter of guidance,” a document spelling out everything another caregiver should know about their child’s special needs, including medical diagnosis, treatment and medications, specific likes and dislikes, and food preferences or aversions. “You know things about your children that no one else on this earth knows,” says Michael Gilfix, a Palo Alto, Calif., lawyer who does a lot of special-needs planning. “This includes little things, like what breakfast food makes them happy or what breakfast food makes them really angry.”

Ms. Valentine, a client of Mr. Gilfix, recently wrote a letter of guidance for her son, Gabe. The document describes how Gabe is a huge San Francisco Giants fan, so any caregiver should make sure he gets tickets to home games. He doesn’t like ice cream or cake, but likes pizza. His epilepsy medication affects his teeth, so the letter recommends that he get his teeth cleaned regularly. “He actually loves the dentist,” she says.

If you have any questions on how to plan for a special needs child, please contact our office at (248) 865-4700.

Michigan Probate; Problems

October 4, 2008

Filed under: Uncategorized — Christopher J. Berry | Estate & Elder Law Attorney @ 4:07 pm

Currently our office is probating the estate for a personal representative who is outside the state of Michigan. The client has already expressed her dismay at the probate system before we even began the process. Our office tries to make the administration and probate process as easy as possible on our clients. But we cannot change the fact that it is time consuming, stressful, and puts both our firm and clients at the mercy of the Michigan courts.

There is a better way, and it is through using a living trust based estate plan to avoid the whole probate process. The personal representative in this situation would have had a much easier, quicker and less stressful experiance if the deceased had opted for a trust based plan instead of a will based estate plan. Remember, a will does not avoid the probate process, but instead is a ticket to the probate process.

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