Prince passed with no Will or Trust. How would his estate be probated in Michigan?
When a person dies without disposing of their assets through a Will or Trust their possessions are called an “intestate estate”. Michigan, like Prince’s home state of Minnesota, has a statute which provides guidance on how to dispose of a person’s estate when there is no Will, Trust, or estate plan in place. If Prince
Update: Wills, Trusts, and Estate Planning for Digital Assets and Electronically Store Information
About two weeks ago, our governor signed into law an act known as the “Fiduciary Access to Digital Assets Act”. This is in response to the uncertainty that surrounds the ownership of electronic information in such places as social media, Facebook, Flickr, Cloud, etc. I commented on this issue in 2014 here and I am
Estate Planning: Take Back Control of Your Body
The Michigan legislature finally passed a law that makes good sense. You may not know this, but prior to March 29, 2016, Michigan citizens did not have a say over who would make funeral and burial decisions for them upon their deaths. Instead the law provided that your next of kin in a state-dictated order
New State of Michigan Corporation Online Filing System
The State of Michigan’s Department of Licensing and Regulatory Affairs recently announced the creation of a new Corporation Online Filing System (Online System) to be completed in the Spring of 2016. The Online System modernizes the State of Michigan’s Business Filing Network for all Michigan corporations, partnerships, and LLCs. Currently, Michigan businesses must physically mail
Social Security, Estate Planning and the Bipartisan Budget Act of 2015
Social Security is a massive program codified in federal law that purports to give all Americans (yes, this includes Saginaw, Bay City, and Midland) minimal assistance. Of late, some have feared that the financial security of our own Social Security system is in danger. Congress, it seems, annually tinkers with Social Security and the latest
Using Buy-Sell Agreements to Prevent Shareholder Lawsuits
Running a business is risky. One way to mitigate this risk for private companies is a Buy-Sell Agreement among the owners (also commonly called a Shareholder Agreement). Private companies often use Buy-Sell Agreements to protect owners’ interests in the company in the event of death, disability, retirement, or sale. These agreements are also often a
New Periodic Garnishment Legislation
Governor Rick Snyder recently signed into law Public Act 14 of 2015 with important changes to Michigan periodic garnishments, effective immediately. Periodic garnishments now remain in effect until the judgment balance is satisfied, rather than expiring every six months. Fees to employers increase from $6 to $35 per periodic garnishment. In addition, every six months
Landlords & Tenants: The Deadly Consequences of Self Help Eviction
What is Self-Help? A self-help eviction is where a landlord takes actions to evict a tenant without first obtaining a court order allowing the eviction. Examples of self-help eviction include changing locks, removing a tenant’s possessions, and boarding up the premises. Self-help is prohibited under Michigan law and a landlord engaging in self-help evictions can
Buying or Selling Real Estate: Think Beyond the Form
Thinking about buying a home? Or perhaps you’re in the market for a new residence and are planning on selling your current home? Your home is one of the biggest purchases or sales you make in your lifetime. However, when either buying or selling this asset, many resort to using pre-printed purchase agreements provided by
Using Website Terms and Conditions to Protect Your Business
Terms and conditions for a website are an important legal document for any business. The terms and conditions constitute a license agreement spelling out the rights and obligations in connection with any person’s use of your business website. Despite the fact that terms and conditions are an important and binding legal agreement, many businesses simply