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Oakland County MI Estate Planning Law Blog

How would Michigan residents benefit from LLCs and trusts?

There is a plethora of estate planning options for Detroit residents who want to avoid probate litigation and reduce personal liability. Neither lawsuits over personal property nor family strife pertaining to the distribution of assets are desirable consequences of estate planning. In particular, Michigan real estate owners may want to consider a few important tools for avoiding future problems with probate.

One effective method of passing on real estate is to create a revocable trust. Such a trust is especially important because it allows you to address any potential changes in circumstances. Revocable trusts award complete control of property to the estate planner, even after the trust has been created. That means the architect of the trust does not need the permission of trust beneficiaries to change key terms during the estate planner's lifetime.

Estate planning mistakes Michigan residents should avoid

Detroit-area readers may have noticed that previous posts usually mention the need for a comprehensive estate plan. Whether your goal is to avoid litigation between family members, ensure your wishes are followed in the distribution of your assets, or set up long-term care options, comprehensive estate plans can prevent an untold number of headaches.

However, there are often so many different options to consider that an estate plan can become quite detailed over time. Most Oakland County residents likely begin their estate planning process by asking what should be done to preserve and pass down assets. Still, a more readily answered question might be the inverse: what should I avoid in order to achieve my estate planning goals?

Is Michigan facing a long-term care crisis?

Previous posts have encouraged Michigan residents to account for long-term care when developing an estate plan. It is often one of the most overlooked aspects of future-needs planning. Arranging for long-term care often includes scheduling affairs to ensure elder years are comfortable and that assets are maintained to pass down to designated beneficiaries.

It appears the U.S. government has started to take notice of the increasingly significant problem that financing long-term care has become. One senator recently stated that the situation is "heading for a national crisis" unless it is addressed. A particular concern is the financial viability of long-term care for everyone who will need it.

Should Michigan business owners consider trusts?

When Oakland County residents think of establishing a trust, they may think of one aspect in particular: trusts are complicated. While that can be true, the real benefits of trusts are worth the effort when it comes to tax planning or protecting an inheritance. This is true not only for individuals thinking of individual estate planning; trusts can also be an extremely useful for small business owners who intend to eventually pass their business and assets on to beneficiaries.

The parameters of a trust vary based on the desired outcome. One of the benefits of considering a trust for business succession is that a trust can allow for a controlled or gradual transition. This can benefit both the owner and the intended beneficiary.

Michigan officials propose long-term care system

Elderly citizens in Michigan may soon see more options for long-term nursing home care. State health officials plan to file for approval of a system that aims to better manage long-term care for seniors who are eligible for Medicare and Medicaid.

The system is designed to save the state money while also providing more appropriate care for those in need. The proposal is meant to help determine whether individuals are in need of round-the-clock care or whether they can remain at home and receive in-home assistance.

What happens to your assets if you don't have a will?

Previous posts have mentioned that Michigan is one state making progress on the simplification of estate administration and distribution of assets. Estate administration is hard enough without having to work around complex state laws and requirements.

However, reports continue to show that large segments of the population still fail to make estate plans at all, neglecting even the provision of a simple will.

Michigan litigation continues in Rosa Parks probate case

Oakland County residents may be familiar with the ongoing probate dispute over the estate of Rosa Parks, the well-known civil rights icon who died in 2005 with an estate valued at roughly $9 million.

Rosa Parks had a will when she died, but shortly after her death, her 15 nieces and nephews challenged the validity of the will as well as the decisions made by Parks' personally chosen representatives. A legal battle ensued.

With complex families comes complex estate administration

Michigan residents may be aware of the challenges involved when a person inherits assets. For example, discussions of recent high-profile celebrity deaths often quickly turn to the question of who will raise the kids and get the millions. Most of these celebrities even had wills, but that does not necessarily prevent subsequent disputes over the content of those wills.

But estate planning can be extremely complicated for all people, not just celebrities. As much as everyone would like to see a simple solution for passing on one's assets, sometimes unavoidable factors have to be considered, making the estate planning process a bit more complicated.

How can Michigan residents prepare for future health problems?

Previously on this blog, we discussed recent headway in Alzheimer's research that could result in improved medical treatment. And since the percentage of people in Michigan who are 65 or older is greater than the national average, many readers in the Detroit area who are doing estate planning may be interested in a more recent report by the Alzheimer's Association.

The report, which is titled "2012 Alzheimer's Disease Facts and Figures," states that of the 5.4 million people in the country living with Alzheimer's disease or some other form of dementia, approximately 800,000 are living alone. According to the report, most of these 800,000 people are older women who are at an early or mild stage of the illness.

Estate planning in Michigan should include long-term care

In the case of America's population in general, and Michigan's especially, statistics show that people are living longer. Michigan's population percentage of people 65 and older is greater than the national average, according to the 2010 U.S. Census. What the statistics don't show is that not everyone is preparing for this new reality in their early-life estate planning.

Long-term care planning is developing into a new, important provision in estate planning. When people think of long-term care, they may think of nursing homes. But this type of care can be related to both medical and non-medical needs, and can often be accomplished just as easily in-home as in a nursing home. The key is to plan accordingly earlier in life.

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