The New Michigan Uniform Power of Attorney Act

Did you know that the Michigan Uniform Power of Attorney Act (UPOAA), signed into law by Governor Gretchen Whitmer on November 7, 2023, took effect on July 1, 2024? What does this mean for you in regards to estate planning? Pear Sperling Eggan & Daniels, P.C. is here for you when it comes to answering all your legal questions and making sure you’re setup for success.

The UPOAA Act replaces the prior Michigan power of attorney law, designed to promote standardization, consistency and ease of use. The Act will help alleviate problems with enforcement previously caused by laws that varied from state to state. The Act provides the agent with broad powers while protecting the principal against abuse and fraud. It also provides the agent with reimbursement for expenses as well as reasonable compensation, unless specifically prohibited by the terms of the power of attorney. 

 

Learn more about the new Michigan Uniform Power of Attorney Act here.

 

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about estate planning in Ann Arbor, contact us today! Estate planning attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Friend of the Court in Michigan: More Than Just Child Support Enforcement

Friend of the Court (FOC) services go beyond just helping you navigate custody and financial support. They can further assist you during separation by:

• Streamlining the Process: FOC professionals can guide you through the details of separation agreements, including child-rearing arrangements. 
• Reducing Conflict: By acting as a neutral mediator, the FOC can facilitate communication between you and your former partner. This can help you reach agreements that minimize conflict, benefiting both you and your children. 
• Ongoing Guidance: Even after your initial separation agreements are established, the FOC can provide ongoing guidance and support. They can help you with any future issues related to custody, parenting time, or support if your circumstances change.

By utilizing the resources offered by the Friend of the Court, you can navigate separation with more clarity, confidence, and a focus on what truly matters: your children's best interests. 

Learn more about how the Friend of the Court can help you if you’re facing a separation here.

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about Friend of the Court, contact us today! Our family law attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact us today at (734) 665-4441 for a no obligation consultation.

Facing Separation with Children in Michigan? Here's How the Friend of Court Can Help

You're not alone. Separating from your partner in Michigan, especially when there are children involved, is a common yet
emotional experience. Unwinding finances, living arrangements, and emotional ties is a complex process, but you don't have to navigate it alone.

The Friend of the Court (FOC) can be a valuable source of support during this challenging time. This department within the Family Division of the Circuit Court offers services specifically designed to help families facing separation with children.

Here's how the FOC can support you:

·       Creating a Roadmap for Shared Parenting: FOC professionals gather information and make recommendations for fair custody and parenting time arrangements. Their focus is on what's best for your children's well-being.

·       Ensuring Financial Security: The FOC helps enforce court-ordered child support and spousal support payments, providing financial stability for your family.

Learn more about how the Friend of the Court can help you if you’re facing a separation here.

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about Friend of the Court, contact us today! Our family law attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact us today at (734) 665-4441 for a no obligation consultation.

Real Estate Attorneys Help Fight Fraudulent Deed Scams in Michigan

Are you victim of a fake deed scam? Our real estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, P.C. stand ready to help you.

When recording deeds in Michigan, MCL 565.201 provides the register of deeds with recording provisions (e.g. margin size, paper size, color of ink, notary requirement, font size, page size, address information, drafting information, etc.).  Michigan statutes don’t require any register of deeds to be an arbiter of fact. MCL 556.201 specifically provides that “[a]n instrument that complies with the provisions of the act and any other act relating to the recording of instruments shall not be rejected for recording because of the content of the instrument.”  Consequently, it is not a duty of the register of deeds to compare signatures or confirm/verify the notary information or signature. Even though MCL 565.201 requires that certain provisions be met including that deeds are notarized, and the sole purpose of a notary is to prevent fraud, it’s no different than any other statute. It can be violated by fraudulent actions.

 

Fraudulent deeds can only be handled and resolved by a court order which can take several months and be costly for the property owner to re-gain its lawful title.  Usually there’s not coverage available through a homeowner’s insurance policy that applies to this type of fraud.

Learn more about what you should do if you’re the victim of a fake deed scam here.

Get Started Today: Schedule Your Consultation!

It can be very complicated and tricky if you don’t know how to navigate these types of situations. Our competent Real Estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, PC, can help you understand this process and file your case. 734-665-4441 

What You Should Do if You’re the Victim of a Fraudulent Deed Scam in Michigan

In recent news, a nefarious company attempted to foreclose on Elvis Presley's former Graceland home in Memphis, Tennessee. The fraudulent investment and private lending company claimed that Lisa Marie Presley, Elvis’s only daughter, used Graceland as collateral to borrow money and failed to repay the loan. The fraudulent company forged her signature on legal documents, and eventually claimed the title to Graceland.  After filing suit alleging fraud, the court halted the foreclosure, but not all attempts to defraud a landowner are as easily noticed and litigated.

These cases are not unique to only the rich and famous; it can, and does occur in communities such as Washtenaw County. Information about family members can be easily accessible online, especially when sources of personal information such as obituaries are published.

Fraudulent deeds can only be handled and resolved by a court order which can take several months and be costly for the property owner to re-gain its lawful title.  Usually there’s not coverage available through a homeowner’s insurance policy that applies to this type of fraud.

 

Learn more about what you should do if you’re the victim of a fake deed scam here.

 

Washtenaw County does have a monitoring program, with information available here: https://ssclerk.ewashtenaw.org/web/fraudGuard/disclaimerPage.  If you’re a victim of a fake deed, real estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, P.C. are experienced in recovering real estate to the rightful owners using handwriting experts and other evidentiary means to prove ownership.

Navigating a Name Change Hearing in Michigan

The name change process in Michigan involves a court hearing. Here's what you can expect:

• Publication Notice: A notice of your name change will be published in a local newspaper.
• The Hearing: The judge will ask about your reasons for changing your name (not for fraudulent purposes).
• Minors Require Parental Consent: If you're changing a minor's name, permission from both parents is mandatory.

For expert guidance throughout the process, consider contacting a qualified attorney. They can help ensure a smooth transition and answer any questions you may have.

Learn more regarding changing your name in Michigan here.

Get Started Today: Schedule Your Consultation!

If you have questions or want more information and expert guidance, contact Steven Tramontin, criminal defense and family law attorney. He’ll make sure you know what to expect when it comes to changing your name.

Considering a Name Change in Michigan? Here's What You Need to Know

Thinking about changing your name? You're not alone. Many people choose a new name for various reasons, from personal preference to reflecting a new identity after a life change.

In Michigan, the process typically takes 4-6 months and varies slightly depending on your county. Here's a quick overview:

• It's a Multi-Step Process: Expect fees, filing a petition with the court, a background check, a hearing, and fingerprinting.
• Court Approval is Needed: A judge ensures your name change isn't fraudulent (avoiding debts or criminal history).
• Birth Certificate Update: Legal name change doesn't update your birth certificate. A separate application to Michigan DHHS is required.

Learn more regarding changing your name in Michigan here.

Stay tuned for our next post where we'll delve deeper into the specifics of the court process and what to expect at the hearing.

Get Started Today: Schedule Your Consultation!

If you have questions or want more information and expert guidance, contact Steven Tramontin, criminal defense and family law attorney. He’ll make sure you know what to expect when it comes to changing your name.