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What are the most essential estate planning documents needed by adult children?
If you have adult children (18-years of age or older) you will want to be certain that they sign, both a Health Care (“Patient Advocate Designation”) Power of Attorney, and a Durable Power of Attorney with a HIPAA release. Your … Continue reading
What is a “Conservatorship”?
Conservatorship, for our purposes is a legal concept where an individual is subjected to the legal control of another person, known as a Conservator. Conservatorship is established by court order. In Michigan the court may appoint a conservator or make … Continue reading
Michigan Law Now Requires Power of Attorney “Acceptance”
A recently revised Michigan Statute requires power of attorney “Acceptance” (and Other Formalities). Michigan law has long required signed “acceptances” for Medical Powers of Attorneys/Patient Advocate Designations. But now, the passage of Michigan Public Act 141 of 2012 marks a … Continue reading
Posted in Announcements, Estate Planning
Tagged Acceptances, estate planning, Power of Attorney
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More on Living Wills
A Living Will is a term that is often used in conjunction with “Medical Directive”, “Medical Power of Attorney”, or “Health Care Directive”. It is a document that expresses the principal’s wishes for medical treatment in the case where he … Continue reading
Transferring Home Out From Trust
Does transferring my home out of my Trust result in uncapping the property taxes? Continue reading
Funding/Accessing Trust Assets
We have a client who is listed as his parent’s first choice to be the Successor Trustee of their Living Trust. He asked me a couple of questions on funding the Trust and on accessing the assets in the Trust … Continue reading
Titling Assets
Did you know that your estate does not necessarily avoid going through the probate court process just because you established a living trust? You must also arrange to transfer “titled” assets, with some of them going into your trust. The … Continue reading
Posted in Estate Planning
Tagged estate planning, living trust, pour-over will, Probate, titled assets
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Mental Capacity
On our “Frequently Asked Questions” page we discuss the issue of incompetence or other disability. How is this matter defined under Michigan law? In Michigan, an individual who is 18 years of age or older and who has sufficient mental … Continue reading
Status of Federal Estate Tax
In our last posting we mentioned the “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010” (how is that for a name!) and the changes it brought to the federal estate tax. The new legislation also provides some flexibility for the … Continue reading
Milford, Michigan attorney announces new Web site
Milford, Michigan attorney, Rich O’Brien, is happy to announce the launch of the firm’s new Web site at: www.milfordmilawyer.com/. Please take the opportunity to view the site for the Law Firm of Rich O’Brien, PLLC.