Legal Articles, Wills & Probate
Advanced Wealth & Tax Control Trusts in Michigan: A Strategic Guide
High-net-worth individuals require more than foundational planning; advanced trusts offer robust asset protection and estate tax minimization.
While you surrender some direct control, irrevocable trusts shield assets from creditors and exclude them from your taxable estate.
Michigan law allows outdated, rigid trusts to be "poured" into new, modernized trusts to adapt to changing tax laws or family circumstances.
Understanding how trust income is distributed and taxed is crucial for avoiding unexpected liabilities for your beneficiaries.
The Danger Zone of Estate Planning: Why Totten Trusts and POD Accounts Fail Michigan Families
While POD accounts bypass the Michigan probate court process upon your death, they offer zero incapacity planning.
If you become incapacitated, the designated beneficiary has no legal authority to manage or access the funds to pay for your care.
Beneficiary designations on these accounts explicitly override your will. Always.
If the beneficiary is a minor, the payout forces a restrictive probate court conservatorship.
If the beneficiary has special needs, receiving a lump sum will instantly disqualify them from vital Medicaid or SSI benefits.
Does Getting a Document Notarized Make It "Legal"?
The public's perception of what a notary does and what notarization accomplishes is often incorrect. This is particularly the case when a person brings a document to a notary public to be notarized, thinking that the notarization will in some way "legalize" the document or make it "official." Learn more here.
Unmarried? You Are Not Alone, But You Still Need a Plan
Did you know that in many instances, it is even more important that a single person have a well-coordinated estate plan, than a married couple. This is because the default laws governing estates often work poorly for people without a spouse and may not adequately provide for a significant other or unmarried partner. Having a cohesive and well-drafted estate plan will ensure that you protect and provide for those you truly care about upon your death. Learn more here.
When an Adult Needs a Guardian of Property
There are two types of guardianships: a guardianship of the person and a guardianship of the property (also known as a guardianship of the estate or a conservatorship). A guardian of the person is responsible for the ward’s physical safety and well-being. A guardian of the property is responsible for the ward’s money and assets. Learn more here.
Qualified Income Trust and What You Need to Know
This is an estate planning strategy I employ for my clients that helps them receive government benefits when they have a higher income. This type of trust allows certain people to be able to qualify for government benefits, such as nursing homes benefits. Learn more here.
How the Law Can Fail Some Marriages
There are people who think that when they die while married, that everything they own will automatically go to their spouse or children. What may be the case is that they are thinking of state rules that apply if someone dies without leaving a will. In legal terms, this is referred to as “intestate.” Here are some situations of how the laws can fail many common family situations.
Do you really NEED an estate plan?
Whether you have significant wealth or not, an estate plan is essential. Don’t let the term “estate” mislead you. An estate isn’t reserved for the ultra-wealthy or those with vast assets. A solid estate plan doesn’t just help you—it’s an act of care for your family. Learn more here.
Understanding the Probate Process in Mississippi
A Guide to Mississippi's probate process, outlining key steps, differences between probate with or without a will, common disputes, timelines, attorney involvement, and distinctions between probate and non-probate assets.
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