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7 Estate Planning Resolutions to Make Now

7 Estate Planning Resolutions to Make Now Given the uncertainty surrounding estate planning legislation, not to mention the fact that the busy holiday season is now upon us, we may be reluctant to focus on our estate planning goals. Now is the perfect time to ensure that your estate plans are in shape for whatever Read More

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The Basics of Attorney Malpractice in Michigan

Law can be a highly contentious field and the stakes are often very high. Litigation involving the court system is an emotional and sensitive process for the parties and their attorneys. Transactional issues such as estate planning and real estate transactions can often lead to costly errors as well. For whatever reason, when things don’t Read More

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Anatomy of a lawsuit

A lawsuit starts when someone has a legal issue that can only be resolved through court intervention. A client hires an attorney and works with that attorney to gather facts so they can formulate legal arguments and draft a complaint. The complaint is filed with the district or county clerk, or in federal courts if Read More

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Should I get a will or trust or both?

Should I get a will or a trust? Its an age old question, and like any good legal question, all it does is lead to more questions. However, the simple answer is that in most cases you should have both. The three main purposes for having a trust are, in no order of importance, 1.) Read More

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Planning for families with minor children

If you are a family with minor children, then it is important you have an enforceable will or writing to appoint a guardian and conservator in case something happens to both parents. “Something happens” can mean both parents die or become incapacitated at the same time and are rendered unable to make legal decisions on Read More

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How do I open a probate estate? Miniseries part 3/3

In the last part of our miniseries on opening a probate estate, we will discuss the basics of opening an estate using a “formal” procedure and will include a brief discussion of what supervised estates are. When used in probate court jargon, “Formal” is a bit of a misnomer because its function in an estate Read More

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Understanding Probate: Is my will a public document?

Is my will a public document? The answer to this question is “yes” and “no”. For guidance we will look to MCL 700.2515: Deposit of will with court in firmator’s lifetime. First, one is not required to deposit a will with a court. One might keep their will in a safe deposit box, with an Read More

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How do I open a Probate estate? Miniseries part 2/3

Miniseries part 1/3 discussed the basics of firmate and infirmate estates and some of the basics of unsupervised estates. In summary, if one dies without a valid will, trust or other instrument then one dies “Infirmate” in the eyes of the law. Infirmate comes from the Latin word “infirmato” derived from ancient Roman law meaning Read More

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Appoint a Guardian for your Child

Do you have minor children? Do you have legal documents that plan for your children if something happens to you and your spouse? You can use the attached form if you do not have any estate planning documents and would like to appoint a guardian for your minor children if you have not done so Read More

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How do I open a probate estate? Miniseries part 1/3

In the previous four parts of this series, we discussed the basic differences between having a will and not having a will. In this discussion, we will see how the end result takes shape in the form of opening a probate estate in a three part mini series on the matter. There are two forms Read More

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