Michigan Estate Planning Lawyer Blog

As a Michigan estate planning attorney, I won't have to deal with this much, but New York has just passed a new law that made their rules regarding powers of attorney much more complicated.

Trust and Estates has an interesting write up on the statute that effects the power of attorney. You can read it here :New York's New POA Law.  Florida Estate Planning attorney, David M. Goldman, wrote an interesting post on the New York Power of Attorney law while it was still in bill form back in February.  You can read it here : Gifting Changes Required for POA's in NY.  Also, take a look at what New Your Estate Planning lawyer, Ellen Victor has to say about the New York Power of Attorney here: New York's New Power of Attorney.

Part of the craziness is that a valid power of attorney must contain more than 600 words of language from the statute that are intended to better inform the principal about the serious nature of the power of attorney document.

What this means to me as a Michigan estate planning attorney?  Well, it shows just how each state has different statute, laws, court rules, and common law that effects your estate planning documents.  If you are one of those "do-it-yourselfers" who are using Suze Orman Trust Kits, Legalzoom online wills, Quicken Willmaker Software, I'd be a little worried.  Do you think these national packages contain the state specific details to make your important estate planning document valid in your state?

-Christopher J. Berry, Esq., A Michigan Wills and Living Trust Attorney, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Michigan Estate Planning, Michigan Elder Law, and Michigan Probate Litigation, serving Metro-Detroit and Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.

Unwed couples is a growing percentage for a variety of reasons, whether financial, political, religious, etc. There are plenty of reasons why a couple would not want to enter into a federally recognized marriage.  Two common financial reasons include collecting on deceased spouses' Social Security earnings or planning for Medicaid.

Whatever reason couples may have for avoiding vows, the situation can raise tricky consequences when it comes to their estate planning, whether the couple is a same-sex couple or opposite sex couple, if the couple does no planning.

The main Michigan estate planning issue for an unwed couple is the lack of ability to be able to make any financial or medical decisions for their partner.  If one partner is suffers an accident their is not presumption for the other partner to be able to act on behalf of the incapacitated partner.  Therefore, Michigan financial powers of attorney and Michigan medical powers of attorney (patient advocate designations) are vital.

The big issue that everyone thinks about is what happens if my partner passes away?  Well without a marriage and without joint ownership, the assets will pass through the Michigan probate courts and follow the Michigan laws of intestacy, leaving all of the partners assets with their family instead of the surviving partner.  Properly drafted estate plans including a Michigan Last Will and Testament and a Michigan Living Trust should be considered and should be drafted by a Michigan estate planning attorney.

Planning for an unwed couple can be tricky and should be handled by an experience and knowledgeable Michigan estate planning attorney.

-Christopher J. Berry, Esq., A Novi Wills and Living Trust Attorney, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Novi Estate Planning, Novi Medicaid Planning, and Novi Probate Litigation, serving Metro-Detroit and Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.

With the baby boomers aging, the largest amount of wealth in history is passing from one generation to the next. Unfortunately, people are procrastinating on their estate planning until it's too late. 

Over at the greenbaypressgazette.com, they have an interesting article that discusses how to prioritize the details in estate planning which you can read here:  "Guest column: Tim Cisler Prioritize details in estate planning."

From the point of view of a Michigan estate planning attorney, there are a couple key points that I would like to reinforce from the article.

First, don't underestimate the value of your assets.  Sure the economy is down, that said, your estate could include your residence, your retirement accounts, your savings, and possibly your life insurance.  Add all those pieces up and you may be surprised at the value.  Regardless of the size, you most likely would want to protect those assets from needless expenses, for example the expense of opening a Michigan probate.

The next key point is to keep your beneficiaries designations updated on your assets, including life insurance, retirement accounts, deeds to property.  Just because it made sense at one point to name a family member the beneficiary of the IRA, doesn't mean now or in the future it would make more sense to name the living trust the beneficiary.

Lastly, know the difference between a probate estate and a trust.  People think that just because they have a Michigan Will, they will avoid the Michigan probate system.  Not true, a Michigan Last Will and Testament is your ticket to the Michigan probate system.  If you want to avoid a Michigan Probate, then a living trust would be a better option.

Christopher J. Berry, Esq., A Bloomfield Hills Wills and Living Trust Attorney, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Bloomfield Hills  Estate Planning, Bloomfield Hills Medicaid Planning, and Bloomfield Hills Probate Litigation, serving Metro-Detroit and Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.

Are you looking for a Bloomfield Hills Estate Planning Attorney or an estate planning attorney in Bloomfield Hills to put together wills and trusts? There are a couple questions you should ask your potential Bloomfield Hills estate planning lawyer.

First, is he or she a member of the Probate and Estate Planning section of the State Bar of Michigan? This is important because onging legal updates are provided through the Probate and Estate Planning section of the State Bar of Michigan. You want your Bloomfield Hills estate planning attorney to stay up to date on the latest estate planning laws and news.

Next is your Bloomfield Hills estate planning lawyer a member of WealthCounsel? WealthCounsel is the premier estate planning association in the nation. It is important for your Bloomfield Hills estate planning attorney to be a member of WealthCounsel, because it is a national collaboration of premier estate planning professionals who pool and share their legal knowledge to best serve their clients.

Those are just two things to look for when you are looking for a Bloomfield Hills estate planning attorney.

Christopher J. Berry, Esq., A Bloomfield Hills Estate Planning Attorney, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Bloomfield Hills  Wills and Trusts, Bloomfield Hills Living Wills, and Bloomfield Hills Trust Litigation, serving Metro-Detroit and Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700

An attorney that usually blogs about estate planning and business planning issues had an interesting post entitled "A good lawyer is honest, realistic, and open with clients."  He lists some keys to look for when choosing your attorney, I will apply them to my areas of law, Michigan estate planning, Michigan probate, and estate administration.

The first point is obvious.  The attorney or lawyer must be honest.  As a Michigan estate planning attorney, I don't see how this is hard on the attorney's end at all.  It just makes sense.  But still, there are all those unfortunate lawyer jokes out there.

The second point is that the attorney must layout realistic objectives.  This comes into play when clients are looking at Michigan Medicaid planning or Michigan asset protection.  Often, clients will hear about magic cures to tough legal problems that are not realistic.  When I have to let the air out of their balloons, I can tell they are disappointed that the "legal strategy" they heard at a dinner party, might not work.

His third point of openness refers to communication with the client.  At our Bloomfield Hills law office, we make a point to be as open and communicative as possible with clients.  That is why we opt for a flat-fee versus and hourly billing system whenever possible.  This allows clients to communicate with us without feeling like we are hitting a stop watch every time they call or email us.

Hiring a Michigan attorney or Michigan lawyer can be a daunting process.  You should look for a honest, realistic and open attorney for your legal needs.

Christopher J. Berry, Esq., A Bloomfield Hills Wills and Trusts Attorney, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Bloomfield Hills Wills and Trusts, Living Wills, and Michigan Medicaid Planning, serving Metro Detroit, including Oakland County, Macomb County, and Wayne County from their office in Bloomfield Hills.  We can be reached at 248-971-1700.

In Royal Oak, Michigan, the Royal Oak Probate court is located in Oakland County.

The address of the Oakland County Probate Court is located at:

Oakland County Probate Court -- Estates and Mental Health
1200 North Telegraph Road, Department 457
Pontiac, Michigan, USA 48341-0457

If you are curious about a Royal Oak, Michigan Probate, you can contact the Oakland County Probate Court by telephone at 248-858-0260.  Or you can contact a Royal Oak probate attorney at 248-971-1700.

As part of the Oakland County Probate process, you will have to publish a Notice to Creditors.  This is done in the Oakland County Legal News.  The phone number to reach the legal notices department for the Oakland County Legal News is 248-577-6100.  To fax the Notice to Creditors to the Oakland County Legal News, use their fax number, which is 248-577-6111.  You can also visit the Oakland County Legal News website at www.legalnews.com.  There is a fee for publishing the Notice to Creditors that is paid to the newspaper.

If you would like assistance in going through the Royal Oak Probate process or are a beneficiary, creditor, trustee or personal representative looking for legal representation in a Royal Oak Probate, Royal Oak Estate Administration or Royal Oak Probate Litigation matter, email a Michigan Probate lawyer or call 248-971-1700.

Christopher J. Berry, Esq., A Royal Oak Probate Lawyer, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Royal Oak  Estate Administration, Royal Oak Wills, and Royal Oak Probate Litigation, serving Metro-Detroit and Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700

In West Bloomfield, Michigan, the West Bloomfield Probate court is located in Oakland County.

The address of the Oakland County Probate Court is located at:

Oakland County Probate Court -- Estates and Mental Health
1200 North Telegraph Road, Department 457
Pontiac, Michigan, USA 48341-0457

If you are curious about a West Bloomfield, Michigan Probate, you can contact the Oakland County Probate Court by telephone at 248-858-0260.  Or you can contact a West Bloomfield probate attorney at 248-971-1700.

As part of the Oakland County Probate process, you will have to publish a Notice to Creditors.  This is done in the Oakland County Legal News.  The phone number to reach the legal notices department for the Oakland County Legal News is 248-577-6100.  To fax the Notice to Creditors to the Oakland County Legal News, use their fax number, which is 248-577-6111.  You can also visit the Oakland County Legal News website at www.legalnews.com.  There is a fee for publishing the Notice to Creditors that is paid to the newspaper.

If you would like assistance in going through the West Bloomfield Probate process or are a beneficiary, creditor, trustee or personal representative looking for legal representation in a West Bloomfield Probate, West Bloomfield Estate Administration or West Bloomfield Probate Litigation matter, email a Michigan Probate lawyer or call 248-971-1700.

Christopher J. Berry, Esq., A West Bloomfield Probate Lawyer, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of West Bloomfield  Estate Administration, West Bloomfield Wills, and West Bloomfield Probate Litigation, serving Metro-Detroit and Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700

Trust and Estates attorneys have been following the news on the Federal Estate Tax very closely of late.  The Federal Estate Tax currently taxes 45% of any assets passed at death over the exemption amount of $3.5 Million.  However, come 2010, the exemption amount will be unlimited, then come 2011, the exemption amount will be lowered to just $1 Million.  This seems like still quite a bit, however it will sneak up on many small business owners who may have their long held business liquidated to pay estate taxes if they don't take the proper planning steps.

Most experts thought that law makers would have worked out a deal to extend the $3.5 Million exemption permanently or at least create a permanent solution.  Well, according to thehill.com, it looks like we may be passing a one-year extension of the current rate, and putting off any real discussion until next year.  According to the article, "Senate Finance Committee Chairman Max Baucus (D-Mont.) "recognizes addressing the estate tax is a must-do proposition in the coming months," according to an aide on Baucus's panel. But the committee hasn't scheduled when it would consider new estate tax legislation, the aide said. The panel is busy with the healthcare reform bill, which is likely to occupy the committee until October."   You can read the rest of the article here: Debate over estate tax likely to wait till 2010.

So, stay tuned until next year everyone.

Christopher J. Berry, Esq., A Bloomfield HIlls Trust and Estates Lawyer, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Bloomfield Hills Wills and Trusts, Living Wills, and Michigan Medicaid Planning, serving Metro Detroit, including Oakland County, Macomb County, and Wayne County from their office in Bloomfield Hills.  We can be reached at 248-971-1700.

In Detroit, Michigan the Detroit Probate court is located in Wayne County.

The address of the Wayne County Probate Court is located at:

1307 Coleman A. Young

Municipal Center
2 Woodward Avenue
Detroit, Michigan 48226

You can reach the Wayne County Probate Court by telephone at 313-224-5706. 

As part of the Wayne County Probate process, you will have to publish a Notice to Creditors.  This is done in the Detroit Legal News.  The phone number to reach the legal notices department for the Detroit Legal News is 248-556-7716.  To fax the Notice to Creditors to the Detroit Legal News, use their fax number, which is 248-577-6111.  You can also visit the Detroit Legal News website at www.legalnews.com.  There is a fee for publishing the Notice to Creditors that is paid to the newspaper.

If you would like assistance in going through the Detroit Probate process or are a beneficiary, creditor, trustee or personal representative looking for legal representation in a Detroit Probate or Wayne County probate matter, email a Michigan Probate lawyer or call 248-971-1700.

If you're in Florida or have Florida relatives, contact Florida probate lawyer, David M. Goldman.

Christopher J. Berry, Esq., A Detroit County Probate Lawyer, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Michigan Estate Administration, Oakland Wills, and Michigan Probate Litigation, serving Metro-Detroit and Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.

Choosing guardians for your minor children as you go through the Michigan estate planning process can be a difficult decision for parents.  Often times the decision of who to name is one of the major stumbling blocks for parents and one of the major reasons they put off speaking to a Michigan estate planning attorney.  Don't let it be!

Bizdaybuzz.com has an article addressing the issue.  You can read it here: Estate Planning: How to Choose a Guardian.

As Michigan estate planning attorneys who have as one of our focuses helping parents with minor children with their estate planning, we have some exercises that we walk our clients through to help them come to a decision and to help them move forward.

Christopher J. Berry, Esq., A Bloomfield HIlls Trust and Estates Lawyer, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Michigan Revocable Living Trusts, Living Wills, and Michigan Medicaid Planning, serving Metro Detroit, including Oakland County, Macomb County, and Wayne County from their office in Bloomfield Hills.  We can be reached at 248-971-1700.

Michigan estate planning is more than just planning for the wealthy and avoiding Federal Estate Taxes. There are many important pieces to Michigan estate planning including planning for minor children, making end of life decisions, planning for pets, avoiding Michigan probate, and organizing your assets, no matter the size of those assets.

Forbes.com has an article discussing how more than just the wealthy need to consider estate planning.  You can read the article here: Your Go-To Guide to Estate Planning.

Give it a quick read, it is a good article.

Christopher J. Berry, Esq., A Michigan Probate Lawyer, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Michigan Revocable Living Trusts, Michigan Elder Law, and Michigan Probate Litigation, serving Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.

Let's face it, going to the hospital can be a little frightening.  But there are ways to prepare yourself and your loved ones.  A little bit of preparation can make the experience better for everyone: you, your family, and the hospital staff.

 

1. Make sure that your healthcare power of attorney is up-to-date.  This document names the person (or persons) you would like to make medical decisions for you if you can't do so.  Review this document periodically to make sure your choice(s) is still valid.
2. Review your Living Will.  This document states your desires regarding treatments you would (or would not) want to receive in the hospital if you cannot make these decisions yourself.  Your living will is an important resource for your healthcare power of attorney should he/she need to make decisions about your care.
3. Make your decision about organ donation and document it.  If you would like to donate your organs at the time of your passing, make that decision now and put it in writing.  One organ donor can save up to 8 lives and the need far exceeds the supply.
4. Talk to your loved ones about your healthcare choices:  who you've named as your healthcare power of attorney, what your medical wishes are, and whether you want to be an organ donor.  The more they know in advance, the easier it will be for them if they ever have to step in. 
5. Carry your DocuBank wallet card.  Our firm provides this card because we know that immediate access to your emergency information and healthcare directives is important.  Make sure that your card is next to your driver's license in your wallet at all times.
6. Update the emergency information you store with DocuBank.  This includes your allergies and medical conditions that display on your Emergency Card and can help with your emergency treatment.  Also update your doctor's and emergency contacts' names and phone numbers.

Christopher J. Berry, Esq., An Oakland Estate Planning Attorney, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Michigan Wills and Michigan Trusts, Living Wills, and Michigan Probate Litigation, serving Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.

Are you curious as to what the essentials of a Last Will and Testament? Well, moneywatch.com has an instructional video on it.
Here is the video:


Great advice, I could not have said it much better myself. 

A Last Will and Testament is a state specific legal document, so it is important to consult an attorney in your state.  So, if you are looking for a Michigan Last Will and Testament, it is important to speak with a Michigan estate planning attorney.

Christopher J. Berry, Esq., An Oakland Estate Planning Attorney, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Michigan Wills and Michigan Trusts, Living Wills, and Michigan Probate Litigation, serving Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.

A common question that pops up at our Oakland County Estate Administration and Probate law firm is, "whether a Michigan personal representative needs probate court approval before selling a decedent's real estate?"

Michigan law has take the approach through the revised probate code, and now the Estates and Protected Individuals Code (EPIC), of allowing Michigan personal representatives and Michigan executors more power and leeway with less court involvement in terms of how distributions to beneficiaries are made and how Michigan real estate can be sold.

Under EPIC in Michigan, all personal representatives are given the statutory authority to sell real estate and personal property without court approval.  MCL7000.3715(f) is where this language is located.  That said, under a supervised, formal proceeding, a judge may limit a personal representative's authority to act, thereby limiting the power to sell real estate.

Legalese aside, to sell real estate as a personal representative in Michigan you can rely on your Michigan Letter's of Authority issued by your local probate court.

This is just one issue in going through the Michigan probate system.

Christopher J. Berry, Esq., An Oakland County Probate Lawyer, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Michigan Living Trusts, Living Wills, and Michigan Probate Litigation, serving Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.

The Institute of Continued Legal Education in Michigan co-sponsored with the Probate & Estate Planning Section of the State Bar of Michigan will be offering a seminar to Michigan lawyers entitled the "Fundamentals of Estate Planning", which will be moderated by my partner, Michael P. Witzke.  The Michigan Estate Planning seminar geared towards Michigan estate planning attorneys will be held in Plymouth, Michigan on October 21,2009.

Covered in the seminar are the following Michigan Estate Planning topics:

• The Estate Planning Process
• The Basic Tax Rules Governing Estate Planning
• Planning for Joint Property and Other Non-Probate Assets
• Planning for the Spouse
• Planning For Minors
• Drafting Simple Wills and Codicils
• Drafting the Revocable Grantor Trust
• Drafting the Durable Power of Attorney and Patient Advocate Designation

Michael P. Witzke, in addition to moderating the seminar will present on Planning for Minors.  Registration is available at www.icle.org/info/estateplan.

This seminar is great for attorneys looking to learn about the nuts and bolts of Michigan estate planning.

Christopher J. Berry, Esq., A Bloomfield Hills Wills and Trusts Attorney, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Michigan Estate Planning, Living Wills, and Michigan Probate Litigation, serving all of Metro-Detroit, including Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.

A common question our Michigan estate planning clients have is, "what should I do with my IRA and retirement benefits when setting up a Michigan revocable living trust?"  Like all good lawyers, our answer is typically, "it depends."

The WSJ.com had a reader submit the question, and they provided some analysis of the question, which you can read here: Trust as Beneficiary of IRA Is a Popular Strategy.

Typically, we will name the spouse as the initially beneficiary of the IRA or retirement account instead of the Michigan living trust.  The reason for this is that we are avoiding two potential pitfalls.  First, we don't have to worry if the trust is a "see-through" or "conduit" trust for IRS purposes.  Second, the spouse has the added benefit of being able to do a spousal roll-over which allows further tax deferment.

However, it is a more complicated decision when you get past the spouse in terms of who to name as a beneficiary between the living trust and other family.  Typically, we will name the Living Trust as the beneficiary of the retirement accounts and IRA money as opposed to the other family members directly.  The reason to name the Michigan Living Trust directly is to exert more control over the assets.  The downside, assuming the Michigan Living Trust qualifies as a "see-through" or "conduit" Trust, is that you must use the life span of the oldest beneficiary when computing the minimum required distributions. 

As you can see, there is quite a bit of legal and financial counseling that goes into, what seems like, a simple question of who to name as the beneficiary of your IRA or retirement account.

Christopher J. Berry, Esq., A Bloomfield Hills Estate Planning Attorney, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Michigan Living Trusts, Living Wills, and Michigan Probate Litigation, serving Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.