Estate Planning Tools for Special Needs Child

Over the years, the primary estate planning tool for parents with a special needs child was an Amenities Trust. This trust allows parents to provide an inheritance to their child without impacting their child’s eligibility of certain government benefits.

During the Obama administration, the federal government added another tool for parents with a special needs child called Achieve A Better Life Experience (“ABLE”) Act. An ABLE account is a tax-advantaged account (much like a 529 college savings plan) that helps parents and children save funds for qualified disability expenses. 

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about estate planning services and special needs planning options, contact an estate planning attorney in Ann Arbor today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with virtually everything law related. Consult your attorney for details.

Can I Disinherit My Spouse?

In Michigan, you’re not able to disinherit your spouse by omitting to provide for him or her in your will or by including an explicit statement in your will that your spouse is not to receive anything from your estate. The law in Michigan provides a surviving spouse in a testate proceeding (one with a will of the deceased spouse admitted to probate by the Court) with the right to elect a share of the estate of his or her spouse even if the will says the spouse is not to receive anything.

Learn more here!

Get Started Today: Schedule Your Consultation!

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

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

Can I Disinherit My Spouse by Leaving the Spouse Out of My Will?

Our clients raise this question for various reasons. They could be inquiring because they are not getting along and don’t want their spouse to receive anything from their estate when they pass away. It could be that the parties have a pre-nuptial agreement or a financial plan in place that the client wants to make certain is not subject to change by the spouse after the client dies. It could also be a blended family with each spouse wanting to give all of his or her assets to his or her family and not to the family of the spouse. Or it could be that one or both parties are facing long-term care expenses and it’s not their intention to provide additional assets to a surviving spouse that may disqualify them from entitlements or Medicaid assistance.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about  estate planning in Ann Arbor, contact Marty Bodnar at PSED today! Schedule an initial consultation. 734-665-4441

Michigan Revises Discovery Rules

Depositions, currently unlimited in duration, will be limited to one day of seven hours. Can you imagine having to sit though an unproductive 8-hour deposition, only to have the opposing party come back and ask for another 8-hour day? This is a welcome change!

Learn more here about the changes the Michigan Supreme Court adopted to the Rules of Civil Procedure.

Get Started Today: Schedule Your Consultation!

If you would like to learn more about civil law in Ann Arbor, contact Jeremy Kennedy at PSED today! Schedule an initial consultation. 734-665-4441

Why is the Pre-Suit Preparation Important?

The Michigan Supreme Court recently adopted changes to the Rules of Civil Procedure that will completely overhaul the discovery process in Michigan to bring it closer to the procedures in federal court. If you’re not familiar with the Federal Rules of Civil Procedure the changes could be overwhelming, but for many litigants the changes will be welcome. 

The new rules will emphasize initial disclosures and document production. Instead of waiting until asked, parties will be required to disclose the factual basis of their claim or defense, the legal theories on which they rely or their case, possible witnesses or people with discoverable information, their computation of damages, and the location or types of documents in their possession that are relevant to the case. All of this information must be produced by a party without being asked. Practitioners in federal court will be familiar with this process, as it is similar to the Rule 26 disclosures required in federal cases. 

Learn more here about the changes the Michigan Supreme Court adopted to the Rules of Civil Procedure.

Get Started Today: Schedule Your Consultation!

If you would like to learn more about civil law in Ann Arbor, contact Jeremy Kennedy at PSED today! Schedule an initial consultation. 734-665-4441

What exactly is Considered Remarriage?

If a remarriage is a change in circumstances for either modifying or terminating spousal support, what exactly is considered remarriage? That may seem like a straightforward question, but it was a question that went to the Michigan Court of Appeals in the case of Lueck v Lueck, a published case decided in May 2019.

In Lueck, the husband and wife agreed in their divorce judgment that spousal support would continue for a set amount of time or “until wife remarries.” After the divorce, the wife met someone special and had a religious commitment ceremony at her church where they exchanged traditional vows and rings. However, there were no witnesses and they didn’t apply for a marriage license.

Find out what happened in this case here.

Get Started Today: Schedule Your Consultation!

If you would like to learn more about divorce in Ann Arbor, contact Wendy Alton at PSED today! Schedule an initial consultation. 734-665-4441

Does Remarriage Terminate Spousal Support?

One of the most frequent questions our divorce clients ask is: “Does spousal support automatically end if the person receiving support remarries?” 

The law states that unless you agree to other terms in your divorce judgment, a remarriage is considered a change in circumstances. The court may terminate spousal support if the person receiving support remarries. MCL 552.13. It’s not an automatic termination, but remarriage is a change in circumstances that authorizes the court to end spousal support if the court chooses to do so.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about divorce in Ann Arbor, contact us today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. Consult Wendy Alton for details.

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