Probate Court Approval: A Key Step in Wrongful Death Settlements

After a wrongful death settlement is reached—whether through litigation or negotiation—there’s one final and critical step: probate court approval.

In Michigan, any wrongful death recovery must go through the decedent’s probate estate. This means the appointed personal representative must file a petition with the court asking for approval of the settlement terms. That petition must include details such as:

• Who is entitled to compensation
• Their relationship to the deceased
• Expenses related to medical care, burial, or funeral arrangements
• Attorney fees associated with the claim

The court will notify all interested parties and allow time for objections. If none are filed and the petition meets all legal standards, the court will approve the settlement and allow the personal representative to distribute the funds.

Learn more on how to navigate wrongful death claims here.

The process can be daunting, especially in a time of grief. Let the Ann Arbor probate litigation lawyers at Pear Sperling Eggan & Daniels, P.C. guide you through the process with skill, compassion, and respect for your family’s loss.

What Happens to a Wrongful Death Claim During Probate?

Losing a loved one due to someone else's negligence is a devastating experience. In addition to the emotional toll, many families are surprised to learn that any wrongful death claim must be handled through the deceased’s probate estate—regardless of whether the individual had a Will or a Trust.

The first step is to open a probate estate in the appropriate court, usually where the person lived at the time of death. A personal representative is then appointed to handle all legal matters on behalf of the estate, including pursuing or settling a wrongful death claim.

Even when a settlement is reached outside of court, the probate court must approve the terms before any compensation can be distributed. This includes submitting a petition detailing who is entitled to compensation, their relationship to the deceased, and related expenses like funeral costs or medical bills.

Learn more on how to navigate wrongful death claims here.

Navigating these legal steps while grieving can feel overwhelming. That’s why our Ann Arbor probate litigation lawyers at Pear Sperling Eggan & Daniels, P.C. are here to help. We provide compassionate, knowledgeable support to families throughout every stage of a wrongful death claim.

Setting Up Powers of Attorney for Your College Student

The beauty of POAs is that they are highly customizable. Whether you want broad access to help your child manage finances or a narrowly tailored healthcare directive for emergencies only, a trusted estate planning attorney can craft the right solution.

Working with an attorney ensures your child’s POAs comply with Michigan law and reflect their wishes—while still giving you the ability to act quickly in a crisis. At Pear Sperling Eggan & Daniels, P.C., we’ve helped many families prepare for this important transition with clear, respectful, and efficient legal guidance.

Learn more about how Power of Attorneys can safeguard your child’s well-being here.

🗓️ Before move-in day arrives, contact our estate planning attorneys to schedule a consultation. We’ll help you get the right legal protections in place so your child is ready for anything.

📞 Call (734) 665-4441 or contact us online.

Why Your College-Bound Child Needs Powers of Attorney

Is your child heading off to college this fall? This exciting chapter brings new independence and responsibility—but it also means you, as a parent, no longer have the legal authority to make decisions on their behalf. Once your child turns 18, they are legally in charge of their medical and financial matters—even if they still rely on your guidance.

That’s where Powers of Attorney (POAs) come in. These legal documents allow your child to designate someone they trust—often a parent—to make medical or financial decisions if they’re unable to do so.

A Medical Power of Attorney ensures that, in the event of a health emergency, you’ll be able to step in and make decisions about their care. A Financial Power of Attorney lets you manage banking, bills, or resolve landlord disputes if your child needs help.

It’s a simple but powerful way to offer peace of mind—for you and your child.

Learn more about how Power of Attorneys can safeguard your child’s well-being here.

🗓️ Before move-in day arrives, contact our estate planning attorneys to schedule a consultation. We’ll help you get the right legal protections in place so your child is ready for anything.

📞 Call (734) 665-4441 or  contact us online.

Michigan Legislation Could Change How Contractors Get Paid

Contractors and subcontractors in Michigan should keep a close eye on House Bill 4837, introduced in June 2023. If passed, this “prompt payment” legislation would invalidate “pay if paid” clauses in private construction contracts and impose penalties for payments wrongfully withheld—including 12% annual interest on overdue amounts.

Michigan has a prompt payment law for public projects but no such protections for private construction work. That could soon change. The proposed bill reflects growing concern that conditional payment clauses unfairly shift risks of nonpayment on construction projects.

The bill is still pending in committee, but its passage would significantly reshape how construction contracts are written and enforced in Michigan.

Are your contracts prepared for upcoming legal changes? Reach out to the Ann Arbor construction lawyers at Pear Sperling Eggan & Daniels, P.C. to ensure your payment provisions are both fair and compliant.

“Pay if Paid” Clauses in Michigan – Are They Enforceable?

In Michigan’s private construction sector, “pay if paid” clauses are becoming increasingly common. These provisions state that a subcontractor will only be paid after the general contractor receives payment from the project owner. While generally permissible under Michigan law, their enforceability depends heavily on how clearly the clause is written.

In Berkel & Company Contractors v Christman Co, the Michigan Court of Appeals upheld a “pay if paid” clause, emphasizing the importance of language that makes the general contractor’s receipt of payment a clear condition precedent. If that condition is not satisfied, the subcontractor cannot claim breach of contract for nonpayment.

However, limitations exist. A party cannot rely on a condition precedent if it caused or made impossible its fulfillment. In other words, if the delay or nonpayment is unreasonable or due to interference, the clause may not protect the general contractor from liability.

Want to avoid disputes over payment timing in your construction contracts? Make sure your agreement contains clear, enforceable language—and consider a legal review before signing. Contact the Ann Arbor construction lawyers at Pear Sperling Eggan & Daniels, P.C. for guidance.

What If the Gift You Leave in Your Will No Longer Exists?

Imagine leaving your vintage car to a loved one in your will—only to sell it years before your passing. What happens to that gift?

This scenario is known as ademption. It occurs when a specifically gifted asset no longer exists at the time of your death. In most cases, if the item is gone, the gift fails and the beneficiary receives nothing. However, there are exceptions depending on how the gift was described and whether it still exists in some form.

Learn more about understanding lapse and ademption in estate planning here.

If your assets change frequently, your estate plan should too. A qualified estate attorney in Ann Arbor can help you update your will to reflect your current wishes. Reach out today for expert support in keeping your legacy intact.