Personal Representative

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Social Media v. Privacy: What’s the Verdict?

Just recently, traditional notions of privacy have clashed with social media, prompting a headline-making case: Yahoo is denying two personal representatives access to their deceased brother’s emails. What’s the Story? John Ajemian was just 43 when he died in a bike accident in 2006. He did not have a Will, so his brother and sister [...]

I Don’t Agree with Their Trust/Will. Can I Change It?

Fictional Scenario: Our client who we prepared an estate plan for had just passed away. She had named her oldest daughter as the sole successor Trustee and divvied up her remaining assets among all four of her adult children. Three of her four children had given her grandchildren. The youngest daughter decided that she and [...]

MY LOVED ONE DIED AND I AM NOMINATED PERSONAL REPRESENTATIVE. HELP!

 Losing a loved one is a tragedy that everyone will eventually face. It can be overwhelming to cope with a loss, not to mention the stress of learning and managing your responsibilities as Personal Representative (PR). But, there’s no need to fret - we are here to walk you through your responsibilities. First: Commit First, [...]

WHO IS A TRUSTEE

The common terms in estate planning can be confusing and overwhelming. Terms such as “grantor,” “trustee,” “settlor,” “successor trustee,” “executor,” “personal representative,” and many others are commonly used. So much legal vernacular is enough to make someone’s head spin, especially without any prior knowledge of estate planning. This post will focus on who a trustee [...]

DEBT AFTER DEATH

It is very difficult to live an entirely debt-free life. Purchasing big-ticket items is a way of life (think homes, cars, and luxurious vacations) not to mention the things we need to pay for every month, like utilities, insurance, taxes, and medical bills. We do our best to pay off all of our debts, but [...]

Tax Filings for Fiduciaries: What Are Your Filing Obligations?

Remember the old adage, “There are only two certainties in life: death and taxes”? The bad news is that there is some truth to it. The good news is that we can help you with both. Most people believe the requirement to file taxes dies when you do, but that could not be further from [...]

PET-PROOFED ESTATE PLANNING

For the past 141 years, Americans have spent the week of Valentine’s Day admiring dogs at the Westminister Kennel Club (WKC) Dog Show.  And while the German shepherd stole this year’s crown, we know that all dogs, regardless of breed, are winners. As Americans, much of our time and paychecks are dedicated to caring for [...]

PLAN LIKE THE PATRIOT’S: KEY PLAYERS AND CLIPBOARD DOCUMENTS OF ESTATE PLANNING

Whether you are waking up this morning with Patriot pride, fury over the Falcon’s fumble, or are still star struck from Lady Gaga’s performance, I think we can all agree on one take-away from Super Bowl LI: If you choose to put your mind to something, you can achieve it. And yes – I’m talking [...]

FIDUCIARY OR ESTATE: WHO DOES YOUR ATTORNEY REPRESENT?

This past week, the Michigan Court of Appeals issued and published an important decision that clarifies the issue of whether an attorney represents the interests of the entire probate estate or just the fiduciary (Personal Representative, Conservator, Guardian, Trustee, etc.). Before this ruling, many attorneys and clients were confused by this issue.  For years, despite [...]

120-HOUR RULE: A CASE STUDY OF DEBBIE REYNOLDS AND CARRIE FISHER

The recent passing of both Debbie Reynolds and Carrie Fisher, mother and daughter, so close together reminded me of one of Michigan’s probate laws, commonly known as the 120-hour rule. The 120-hour rule states that if your heir or beneficiary dies within the first 120 hours (or 5 days) after you die, they are treated [...]

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