Blog
“Bankruptcy, Death, and Probate”
BANKRUPTCY, DEATH, AND PROBATE In a Chapter 7 (liquidating) bankruptcy proceeding, it is often said the creditors are fighting over a corpse. On occasion, however, a person will be in the midst of a bankruptcy proceeding and suddenly pass away. The question then...
“Divorce and Estate Planning”
DIVORCE and ESTATE PLANNING Quite often I am asked by individuals who have recently gone through a divorce: “Do I have to do anything about my estate plan now that I am no longer married?” The answer often depends upon whether they have a Will or Trust Agreement...
“Driver’s License Appeals to the Circuit Court”
DRIVER'S LICENSE APPEALS TO THE CIRCUIT COURT So, you have gone through an administrative hearing before an Administrative Law Judge with the Drivers Assessment Appeal Division of the Michigan Secretary of State in an attempt to get your driving privileges restored,...
“Tax Uncapping – The Commonly Controlled Entity Exception”
Tax Uncapping – The Commonly Controlled Entity Exception Some time ago I wrote on real property tax uncapping and exceptions to transfers to relatives within a certain degree of residential real property. Recently, the Michigan Court of Appeals dealt with a similar...
“Shades of Gray – Part Two”
“Shades of Gray” Part Two In a previous blog we wrote about the increase in divorce proceedings among older couples in their 50s and 60s and approaching retirement. We discussed several reasons for that, and here we explore some of the unique issues facing a couple...
“Lady Bird Deeds – What Are They and Why Should I Care?”
LADY BIRD DEEDS – WHAT ARE THEY AND WHY SHOULD I CARE ? Michigan, and most other states, recognize what are commonly called “Lady Bird” or enhanced life estate deeds. These are deeds that are typically drafted for estate planning purposes, designed to place title to...
“Administering the Small Probate Estate – Part II”
ADMINISTERING THE SMALL PROBATE ESTATE – PART II In the prior article I discussed expedited procedures available under Michigan law to deal with a small estate (less than $22,000), where the deceased generally had only clothing and cash of $500 or less, was due a...
“Administering the Small Probate Estate – Part I”
ADMINISTERING THE SMALL PROBATE ESTATE – PART I In many cases, after a loved one has passed away, you find that there really are not a whole lot of assets to be dealt with, or “administered”. This could be because the deceased simply was a person of little means;...
“Tax Exemption Questions”
TAX EXEMPTIONS QUESTIONS In my divorce I bargained to receive the tax exemptions which the Tax Reform Legislation of 2017 has cancelled. What do I do now? The Tax Reform Legislation passing in 2017 is the most sweeping tax legislation to be enacted since 1986 and...
“Orthodontic Expenses in a Divorce”
Orthodontic Expenses in a Divorce When a parent hears that his or her child will need braces the first thought is likely to be: “How will I pay for this?” How shall we share the expense? In a Divorce situation the cost of braces should be shared according to the...
“Bankruptcy Preferences: Claims and Defenses (Part II)”
In my prior article I briefly reviewed the preference laws under the Bankruptcy Code, the elements that have to be proven and the rationale behind such statutes. To reiterate, a preference, by definition, is a payment or transfer that is made by the debtor to a...
“Bankruptcy Preferences: Claims and Defenses (Part I)”
Bankruptcy Preferences: Claims and Defenses (Part I) Quite often in a Chapter 7 bankruptcy case (often called a “straight” bankruptcy or a “liquidating” proceeding), or occasionally in a Chapter 11 or 13 proceeding, certain creditors may receive a demand letter...