Tag: Estate Planning
Medicaid Estate Recovery Expands to Non-Probate Assets

Recently, the State of Michigan quietly made a change to the State Medicaid Plan. If you or a loved one are currently receiving, or will need Medicaid benefits in the future, this seemingly minor change greatly impacts Michigan residents, including those in Bay, Midland, and Saginaw counties. In 2011, Michigan implemented its “Estate Recovery Program,”
For Estate Planning Purposes, Can a Blind Person Properly Execute a Will or Trust?

I was reading a blog and a question was posed: is a Will valid if it was executed by a blind person? While that struck me as a silly question at first, upon reflection I realized it wasn’t a silly question after all, and it is one that many individuals might ask. The short answer
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
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
Digital Assets: Wills, Trusts, and Estate Planning in the Age of Facebook, Twitter, and Cell Phones that are Minicomputers

There have been many articles written, and will be many articles written, regarding estate planning in the age of digital assets. Even the meaning of “digital assets” is being defined as we speak. Just because this area of law is still being defined and developed is no reason why your current Wills, Trusts, and estate
Wills and Trusts: What about the Pet?

In Michigan, like most states, a pet is not considered a human and, therefore, is not an Heir or Devisee under estate planning documents such as Wills and Trusts. However, a pet may very well be an important part of the family. In a recent seminar (22nd Annual Drafting Estate Planning Documents-ICLE), one of the
Estate Planning: Does Permanent Portability Mean the End of the Credit-Shelter Trust?

My second read of the “Fiscal Cliff Bill” raises the interesting question concerning the Credit-Shelter Trust. For decades people getting their estate plans done have utilized a vehicle known as the Marital Bypass Trust; the A-B Trust; the Credit-Shelter Trust or some other name which means that the husband and wife each create their own
Wills and Trusts: My first read on the “Fiscal Cliff Bill”

I finally had an opportunity to read the actual “Fiscal Cliff” bill which is H.R.8 “American Tax Payer Relief Act of 2012”. As I write this blog, the Act has not yet been signed by the President, however, he has promised to do so. It does many things; however, I will limit this brief article