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Before navigating property division during a separation or divorce, establishing clear priorities is crucial. Property division can be complex, involving emotional, financial and practical considerations. As a result, if you don’t have a clear sense of what you want...
When people discuss powers of attorney, they often describe the documents based on the authority that these resources delegate. People can create financial powers of attorney that authorize an agent or attorney-in-fact to access their resources and handle their...
Myths and urban legends dominate discussions about parental rights. Many men in Michigan have heard half-truths and myths that prevent them from being the involved fathers they would like to be. The stories people share can discourage men from going to court to...
Many adults who have drafted wills and other documents have a dismissive attitude about estate planning. They believe they have protection and won't ever need to consider the matter again. However, the truth is that estate planning paperwork needs to be reviewed...
A will (often called a Last Will and Testament) is a set of instructions that allow you to distribute your assets upon your death. You can also set up guardianship for your minor children. Once the instructions in the will have been carried out, the will ceases to exist. A trust is a fiduciary relationship with respect to property in…
To fund a trust means to retitle certain assets in the name of the trust. Your trust only controls those assets that are “owned” by the trust. If your trust is funded properly, the trust will control the distribution of your assets when you die; assets not owned by the trust may not be distributed as provided in the trust.…
The only way to be absolutely certain that the person(s) you want to be guardian of your minor children is selected in the event that both you and your partner pass is to have a valid will in place. Under Michigan law, if both parents pass and a will has not been executed, a judge will decide who becomes the…
Yes, if certain requirements are met. In order to be valid, a handwritten, or holographic, will, must meet the following criteria: the material (i.e. important) provisions must be in the testator’s handwriting. The testator is the person making the will; the holographic will must be signed in the testator’s handwriting; and the holographic will must be dated. Although handwritten, or…
For a formal, typed, will (called an “attested” will), there are three requirements that must be met for the will to be valid and enforceable: the testator must have intended to create a will (this is usually only an issue if there are questions about mental competency); the will must be signed (although it can be signed by proxy); and…
As difficult as it may be to think about someone else raising your child, choosing a guardian for your child is an invaluable gift. By selecting a guardian with the same values, morals, religious beliefs, and commitment to education that you have, you will ensure that your child will grow up to be the person you want him or her…