How Can I Get My Trust Across the Finish Line?

For each client, an excel spreadsheet of their assets is created. We review it with you throughout the process to make sure all your assets are on it. In the past, clients have forgotten about a vacant lot in Arizona, an undivided interest in a cabin or U.S Savings bonds sitting in a safe deposit box. If one asset is forgotten and not titled properly, probate will be looming in the future.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you’re interested in learning more about funding your trust and crossing the “goal line,” please call Marty Bodnar, Ann Arbor estate planning attorney at 734-665-4441 or email him at mbodnar@psedlaw.com.

Is Mortgage Relief Available?

Are you struggling to pay your mortgage?

There may be some relief available!

Upon a simple affirmation that the borrower is experiencing a financial hardship due, directly or indirectly, to the Covid-19 emergency, and submitting a request to the loan servicer, the borrower may obtain a forbearance without a fee or penalty.  Section 4022(b)(1).  In fact, the statute states that the servicer “shall,” with no additional documentation and with no fees or penalties, provide the forbearance.  Section 4022(c)(1).  As such, it is a broad order that allows many borrowers to obtain a loan forbearance.  The period of the forbearance is 180 days, which may be extended upon the borrower’s timely request for an additional 180 days.  Section 4022(b)(2).  This forbearance is available even if the loan had been delinquent.  The borrower can also shorten the forbearance period upon request.

In a typical forbearance, a borrower would not have to pay principal and interest payments on a loan.  The legislation states that during the forbearance period, no other fees, penalties, or interest shall accrue other than what would otherwise apply.  Section 4022(b)(3).  The legislation, however, provides no further details about the forbearance.  Congress may pass clarifying legislation or Fannie and Freddie may issue guidelines for servicers regarding the forbearance details.

Nevertheless, a forbearance does not reduce or forgive the principal owed, and interest would typically continue to accrue at the loan rate.  Moreover, a forbearance would not typically excuse payment of taxes or insurance, so if those are included in a monthly payment which is made to an escrow account, the borrower should consider continuing to make that portion of the monthly payment.

Have Questions About Your Mortgage?

If you have questions about your rights under the federal stimulus legislation, or need advice about negotiating the terms of your lease, please contact a real estate lawyer in Ann Arbor at PSED. 734-665-4441

How Will Stretch IRAs Impact Your Estate Plan?

Do you have a stretch IRA?

Were you planning on leaving money for your child or grandchild? 

You need to learn about the major change to retirement plans!

A new Act was passed eliminating the stretch IRA and replacing it with a 10-year pay-out period. This means a beneficiary can no longer stretch the pay-out over his or her lifetime. Instead, the entire IRA must be “emptied” by the end of the 10^th year after death. Therefore, the IRA gets into the hands of child or grandchild or imprudent beneficiary much sooner than anticipated.

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.

New Law Removes Criminal Records If Your Case is Dismissed Before Trial

Prior to June 12, 2018, however, a dismissal of charges still left a lingering stain on a person’s publicly-available record in the State of Michigan. In Michigan, if you are arrested or charged with a felony or certain misdemeanors your fingerprints and biometric information are entered into a system known as the Internet criminal history access tool (ICHAT). ICHAT aggregates criminal records and is used by employers and others to conduct background checks. 

Recently the Michigan Legislature passed a new law that allows the removal of your record if your charges are dismissed before trial. Learn more here!

Get Started Today: Schedule Your Consultation!

If you need help navigating the criminal process, contact Steven Tramontin, a criminal defense attorney in Ann Arbor! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with virtually everything law related. Consult your attorney for details.

How to Score a Touchdown with a Financial Power of Attorney

Remember to keep your Financial Power of Attorney updated. Just signing a POA only gets you to the “red zone.” Many financial firms will not accept a POA if it is too old. It is keeping a POA updated that gets you out of the red zone and into the end zone. To score a touchdown with a POA, it must be kept updated. We recommend that yours be updated every 5 years.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about trusts and estate planning services at PSED Law, 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.

What is a Financial Power of Attorney?

A Financial Power of Attorney (“POA”) is used to avoid a guardianship proceeding in probate court if you become incapacitated due to a stroke, dementia or another illness.  Avoiding probate court can saves money and time and allows your family to manage your affairs privately rather than through the public process of a guardianship. 

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about trusts and estate planning at PSED Law, contact us today! The attorneys at Pear, Sperling, Eggan, & Daniels, P.C., can help assist you with your case and with virtually everything law related. Consult your attorney for details.

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

Designate Someone to Make Your Medical Decisions with Help from PSED Law

You have the ability to make your own medical decisions. You can accept, refuse, or stop medical treatment. If you lose the ability to make your own medical decisions, someone else will have to make those decisions for you. The good news is that you can choose the person you want to make those decisions. That person is called your “patient advocate” and you can give them information about your preferences, values, beliefs, wishes and goals that will help him or her make the decisions you want made.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about elder law and estate planning at PSED Law, contact us today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. Consult your attorney 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 elder law in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

Who Should Be Your Patient Advocate?

Your patient advocate can be a spouse or relative, but doesn’t have to be. For some people, a friend, pastor, or co-worker might be the right choice. Your patient advocate must be at least 18 years of age and should be someone with whom you feel comfortable discussing your preferences, values, wishes and goals.

Your patient advocate needs to be willing to follow your wishes even if that’s difficult or stressful and even if your decisions are different from the ones he or she would make for his or her own medical care.

Get Started Today: Schedule Your Consultation!

If you would like to learn more about patient advocate rights or elder law services at PSED Law, contact us today! Schedule an initial consultation. 734-665-4441

You Can Now Adopt a Policy That Prohibits the Possession of a Firearm on School Property.

The Michigan Supreme Court has ruled that a local school district may adopt a policy that prohibits the possession of a firearm on school property. The outcome of the case was in doubt considering prior appellate court rulings that a municipality may not establish gun-free zones on municipal property. The basis for earlier rulings that address possession of a gun on public property include:

1. Municipalities are prohibited from regulating guns by local ordinance.
2. A person with a concealed pistol license may carry a concealed pistol anywhere in the state except on certain premises. 
3. A firearm may be openly carried anywhere in the state with certain premises excepted.

Get Started Today: Schedule Your Consultation!

If you would like to learn more about concealed or open carry gun laws or municipal law services at PSED Law, contact us today! Schedule an initial consultation. 734-665-4441

Possession Of A Gun On Municipal Property

The Michigan Supreme Court has ruled that a local school district may adopt a policy that prohibits the possession of a firearm on school property. The outcome of the case was in doubt considering prior appellate court rulings that a municipality may not establish gun-free zones on municipal property.

This new law distinguishes between types of premises and sets different rules for concealed versus open possession and for members of the public versus municipal employees.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about concealed or open carry gun laws or municipal law services at PSED Law, contact us today! Schedule an initial consultation. 734-665-4441

Ease Family Disagreements During Funeral Arrangements

Now, in Michigan, an individual can designate a funeral representative in a document separate from a will or power of attorney. The designation must be either witnessed by two people or notarized. A properly designated funeral representative has priority over all family members, including a surviving spouse, although the surviving spouse can be, and often is, designated as the funeral representative.

Learn more here!

Get Started Today: Schedule Your Consultation!

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

Who Decides Funeral Arrangements?

Family disagreements often occur regarding funeral arrangements and the disposition of decedents body or cremated remains. Until recently, if there was no surviving spouse, the decision rested on the majority of decedents living children. Now, in Michigan, an individual can designate a funeral representative in a document separate from a will or power of attorney. Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about elder law and estate planning at PSED Law, contact us today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. Consult your attorney 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 elder law in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

Have You Been Defamed? Probably Not.

One of the most common type of calls I take comes from people who believe they have been defamed. Almost without exception we have to turn them away, informing them that, unfortunately, even if what someone said about you is really hurtful, it’s not defamatory. This can leave clients confused, wondering why that is the case. The reasoning behind this goes back to the roots of the United States, and the protections of afforded speech enshrined in the Constitution.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about defamation and civil litigation services at PSED Law, contact us today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with civil litigation in Ann Arbor and everything in between. Consult your attorney for details.