A common question people have ask us as Michigan Estate Planning Attorneys is, “who may witness my Last Will and Testament?”  This is a state specific question.

The answer in Michigan is twofold.

First, according to EPIC (Michigan Estates and Protected Individuals Code), an individual generally competent to be a witness may act as a witness to a Last Will and Testament.  What that means is the individual must be of sound mind and at least age 18.

The second rung of the explanation in EPIC is that the signing of a Michigan Last Will and Testament by an interested witness does not invalidate the will or any provision of it.  What this means is that you can be an interested beneficiary and receiving assets in the Last Will and Testament and still witness the Will.

However, if the Will is challenged, this provision of EPIC does not preclude a Will contest to determine if a witness who is also a beneficiary exerted undue influence.

-Christopher J. Berry, Esq.
Michigan Wills and Trusts Attorney

One of the typical questions people ask Mike Witzke and I, Michigan estate planning lawyers, is what is the estate planning process?

We have a three step process to take care of our client’s needs.  (Don’t be surprised if other attorneys find this post and begin to copy our process).

We first have a Family Planning Meeting.  In this meeting our clients educate us on their family situation, we educate our clients on the Michigan estate planning laws, then we work together to come up with a Michigan estate plan that meets all of our clients goals.

After the planning meeting, we take at least two weeks to actually draft the plan.  Then we bring our clients in for the second meeting.  This meeting is the Signing Meeting.  At the Signing Meeting, we briefly review the completed estate plan with our clients.  Then we sign and execute the documents.

Next we have our Family Review Meeting.  This meeting takes place at least one week after the signing meeting.  In this meeting our clients bring in family and people appointed to server roles in their estate plan so that everyone is on the same page.  We review funding of any trusts

Next we review our Foundations program, which is absolutely key for our clients to ensure that their estate plan remains as effective the day it is signed as it is 20 years from the signing day.  Does your estate planning attorney have a membership program as robust as our Foundations program?

-Christopher J. Berry, Esq.
Bloomfield Hills Estate Planning Lawyer

In Michigan estate planning, there are certain tools we use to help our clients achieve their Michigan estate planning goals.  Keep in mind though, estate planning is not just about the documents or tools, it is about how you use them.  I’ve blogged about how every estate planning document is not the same.  Anyone can make the mistake of using a legalzoom.com, Suze Orman Trust kit, or Quicken Willmaker, for their estate planning documents.  I have and many others have talked about how these cheap alternatives often do more harm then good.  With that said, my goal for this post is to educate you on the tools and documents that we, Michigan estate planning lawyers, use in helping our clients achieve their legal and estate planning goals.

The first tool/document that is important is the Michigan revocable living trust.  This document achieves our client’s goals of avoiding probate and exerting control over their assets.  Additionally with the revocable living trust there is a level of incapacity planning not found in the last will and testament.

Now remember, not every revocable living trust is created equally.  Our Bloomfield Hills Law Office reviews quite a few estate plans and revocable living trust.   Unfortunately, we review quite a few poorly done revocable trusts.  We’ve seen poorly drafted plans by both attorneys as wells as the do-it-yourselfers using legalzoom or Quicken willmaker.  Our advice, seek out Michigan estate planning attorneys who focus and specialize in this complicated area of law.

The second tool of the Michigan estate planning attorney is the will or last will and testament.  Wills can come in two forms, either a normal will where the will is the focal point of the estate plan or a will can be in the form of a “pour-over will” where the will acts as a back up to the revocable living trust.  A key thing to remember is the will does not avoid probate.  People make this mistake all the time, that is, they think a will avoids Michigan probate.  A will is your ticket to the Michigan probate system.  The will gives instructions to the Michigan probate judge on how to distribute your assets.  A revocable living trust that is properly funded avoids probate, not a last will and testament.

The next key tool in the Michigan Will and Trust attorney‘s tool box is the financial power of attorney.  There are two types, one that is effective immediately or one that is effective upon disability.  Disability can be determined by two licensed physicians, by a disability panel, or by other means.  This document allows another to handle the financial affairs for another.  It is important to remember that not every Michigan financial power of attorney is created equally.  You can buy a financial power of attorney at an office supply store fro about $10.  This 1-3 page document isn’t worth the paper it’s printed on.  Compare that to the type of documents are office puts together taking into account the goals, desires, and family situation of our clients.

Next on the list of Michigan estate planning documents is the Michigan patient advocate designation.  This is your health care power of attorney.  The document that appoints someone to make medical decisions on your behalf.  Included in your health care directives should be a HIPAA authorization form, along with living will style language in your patient advocate designation

Any questions?  Drop me a line or contact your Michigan estate planning attorney.

-Christopher J. Berry, Esq.
Michigan Estate Planning Lawyer

I recently attended a training for Michigan lawyers on identity theft, both the prevention of identity theft and also steps to take after an identity theft has occurred.  We also covered steps businesses must take in terms of maintaining the privacy and identity of their customers.

Here are some common scenarios on how identity occurs.

1. Individual Identity theft:  In this situation, an individual makes him or herself vulnerable to the theft of their own identity.  For example, someone losing a wallet or being careless with their personal information on the internet.
2. Physical Theft of Multiple Identities: With this type of ID theft, an individuals fails to properly secure the physical object that holds multiple ID’s.  For example, not locking office doors when you have private client information in your office in folders.
3. Digital Theft of Multiple Identities:This type of scenario is becoming more common with easily mobile digital storage.  For example, someone stores private identification information on their thumb drive, then loses their thumb drive.  Another real life example is the loss of a laptop that holds private information.  This happened to the VA Administration, a laptop was stolen that had thousands of individuals social security numbers.

Understanding that most ID theft occurs because of the above scenarios helps define preventative action plans to prevent the loss of private data.  We can assist you in putting together a preventative protection plan to protect against Michigan Identity theft.

-Christopher J. Berry, Esq.
Michigan Identity Theft Lawyer

Families with children from a previous marriage can create a complex Michigan estate planning issue.  There are both emotional and financial issues to deal with.

For example, how will step children be provided for versus the surviving spouse?

Throw in multiple marriages and it just compounds the problem.

Through the use of pre-nups and separate trusts, we as Michigan estate planning attorneys can make the complex situation simpler.

Take a look at a WSJ.com article on the subject, here.

-Christopher J. Berry, Esq.
Michigan Estate Planning Lawyer

As Michigan estate planning lawyers, we have an opportunity to work closely with many financial advisers, CPA’s and insurance professionals.  We know some great ones.  The WSJ has an article outlining 7 key questions to ask when picking a financial adviser.

1. What’s in the adviser’s background?
2. What do the adviser’s clients say?
3. How does the adviser get paid?
4. Where are the adviser’s checks and balances?
5. What’s the adviser’s track record?
6. Can the adviser put it in writing?
7. What do other pros think?

You can read the rest of the WSJ.com article here.

-Christopher J. Berry, Esq.
Bloomfield Hills Estate Planning Lawyer

We help our clients prepare Michigan pet trusts for their animals, including horses.  New York horse lawyer Todd Engel had an interesting post regarding equine law entitled “An Owner Putting a Blight on Horse Racing.”

In the article a man was accused of neglecting over 170 horses on his farm.  The owner failed to treat the horses and left them malnourished.  The local racing association has now revoked the stables racing privileges.

According to Engel, “owners of thoroughbred horses have an absolute obligation to care for our horses.”

-Christopher J. Berry, Esq.
Michigan Pet Trust Lawyer