By: Rebecca HarveyDivorce can change nearly every part of your family life, from where your children live to how your finances are handled. But one area that is often overlooked after a divorce is your estate plan.Many people assume that a divorce automatically updates their will, beneficiary designations, guardianship wishes, and other estate-planning documents. In reality, a divorce decree and ...
Read More!Summer is the perfect time to step back and evaluate your financial future before the busy end-of-year planning season begins. Whether your goal is to reduce taxes, protect your family, or support the charitable causes that matter most, meeting with experienced estate planning attorneys in Ann Arbor can help ensure your plans are aligned with your current goals.We encourage clients to u...
Read More!Planning for the future is one of the most important things you can do for yourself and your family. A thoughtfully prepared estate plan can help protect your assets, provide for the people you love, and ensure your wishes are respected if you become incapacitated or pass away.Our experienced estate planning attorneys provide personalized legal guidance to individuals and families in Dexter and t...
Read More!Construction projects involve significant investments, detailed contracts, and many moving parts. Whether you're a property owner, general contractor, subcontractor, developer, architect, or supplier, a legal issue can quickly affect your project's timeline, budget, and success.Our construction attorneys provide experienced legal guidance to clients throughout Dexter and Washtenaw County....
Read More!Running a business involves making important decisions every day. From choosing the right business structure and negotiating contracts to managing employees and resolving disputes, legal issues can affect nearly every aspect of your company's operations. An experienced business attorney can help you understand your options, reduce risk, and make informed decisions as your business grows.Our b...
Read More!Losing a loved one is one of life's most difficult experiences. Navigating the probate process while grieving can add unnecessary stress and uncertainty. Our experienced probate attorneys help individuals and families in Dexter understand their legal responsibilities and efficiently manage estates throughout Washtenaw County.For more than 75 years, our firm has provided trusted legal counsel ...
Read More!Pear Sperling Eggan & Daniels, P.C. is pleased to announce that attorney Charles Drabik has been named Co-Chair of the Washtenaw County Bar Association’s Probate & Estate Planning Section.In this leadership role, Drabik will work alongside fellow members of the legal community to support the section’s programs, initiatives, and professional development opportunities ...
Read More!Pear Sperling Eggan & Daniels, P.C., one of Ann Arbor’s most respected law firms, is proud to announce that four of its attorneys have once again been honored by Super Lawyers for 2026, recognizing their outstanding professional achievements and commitment to excellence in their fields.Matt Jane has been recognized as a Super Lawyer for Construction Litigation and ha...
Read More!Estate planning is one of the most important steps you can take to protect your loved ones, preserve your assets, and ensure your wishes are honored. Whether you're creating your first will, establishing a trust, planning for long-term care, or updating an existing estate plan, our experienced estate planning attorneys are here to help.For more than 75 years, our firm has served individuals a...
Read More!Construction projects often involve significant investments, detailed contracts, and multiple parties working toward a common goal. Whether you're a property owner, contractor, subcontractor, developer, supplier, or design professional, legal issues can arise before, during, or after construction is complete. Our construction law attorneys provide experienced legal counsel to clients in Salin...
Read More!Whether you're launching a startup, purchasing an existing business, negotiating a commercial lease, or navigating a complex legal dispute, having experienced legal counsel can make all the difference. Our team of business law attorneys provide practical legal guidance to entrepreneurs, business owners, executives, and established companies throughout Saline and the surrounding communities.Fo...
Read More!Losing a loved one is never easy. The legal responsibilities that follow can make an already difficult time feel more overwhelming. If you need a trusted Saline probate attorney, our experienced probate lawyers are here to guide you through every step of the Michigan probate process with compassion, efficiency, and practical legal advice.For more than 75 years, our firm has helped individuals and...
Read More!By: Janet LeAnnais, estate planning attorneyWhen you pass away in Michigan, your digital pictures and assets aren’t automatically given to your loved ones. Under the Michigan Fiduciary Access to Digital Assets Act, these items belong to your estate, but without proper planning, your family may be permanently locked out by federal privacy laws or strict platform Terms of Service.People are r...
Read More!Pear Sperling Eggan & Daniels attorney James Fraser recently achieved an important appellate victory in a published Michigan Court of Appeals decision involving riparian rights and waterfront property law.On April 1, 2026, James successfully obtained a unanimous published opinion from the Michigan Court of Appeals in Barnard v. J.G. Pray’s Subdivision Homeowners Associati...
Read More!Losing a loved one is never easy, and dealing with the legal process that follows can feel overwhelming. If you’re involved in probate proceedings, understanding what to expect in Washtenaw County Probate Court can help reduce stress and uncertainty during an already difficult time. Whether you’re an executor, beneficiary, family member, or someone involved in an estate dispute, havin...
Read More!By: Sarah Meinhart, estate planning and probate attorneyMany legal documents require notarization to confirm authenticity and ensure that signatures are made voluntarily. But what happens if you have a physical disability or limitation that prevents you from signing your own name? Michigan law allows a notary to sign a document for someone with physical limitations if properly directed, with a re...
Read More!By: Sarah Meinhart, probate attorney If you’re handling estate matters or sending legal documents through the mail, a recent change by the United States Postal Service may affect whether time-sensitive documents are considered filed on time.Beginning in December 2025, the USPS implemented a new mail processing policy known as Rule 608.11, which changes how and where...
Read More!By: Sarah Meinhart, estate planning attorney When administering an estate or managing a trust, taxes don’t disappear because the original taxpayer has passed away. In fact, these entities become separate taxpayers with their own IRS and Michigan tax obligations—including the requirement to make quarterly estimated tax payments.Understanding these rules is essential for fiduciarie...
Read More!By: Suzanne R. FanningEstate planning feels overwhelming because most people do not know where to begin. The real question is not how much you own, but what documents are needed for estate planning to protect your family, your finances, and your future under Michigan law. Without the right legal foundation in place, decisions about your assets, your medical care, and even your children can be lef...
Read More!By: Sarah MeinhartWhen administering a trust or estate, fiduciaries often focus on asset management, beneficiary distributions, and honoring the decedent’s wishes. However, the preparation and filing of Fiduciary Income Tax Returns shouldn’t be overlooked. Understanding when a return is required, what income must be reported, and which tax year applies can help trustees, per...
Read More!By: Suzanne R. FanningFamilies often agree that a guardianship was necessary at one point, yet struggle when it no longer fits the situation. Deciding how to terminate guardianship of an adult involves legal standards, medical evidence, and court hearings that can quickly become overwhelming, especially when family members disagree. A guardianship attorney provides structure, advocacy, and clarit...
Read More!By: Paul C. FesslerWhen a marriage involves few shared assets and each spouse maintains separate finances, dividing property during a divorce is often relatively simple. As wealth accumulates, however—when real estate, investments, or business interests are involved—property division can become far more complex and contentious. If spouses are unable to agree on how to divide their ass...
Read More!By: Suzanne R. FanningKey TakeawaysAn adult guardianship may be needed to help ensure your loved one’s safety if they are suffering from cognitive decline or have been diagnosed with dementia or Alzheimer’s.A medical diagnosis is separate and distinct from the court’s finding of legal incapacity.While a guardianship can be used to ensure your loved one’s daily needs are me...
Read More!Pear Sperling Eggan & Daniels, P.C. (PSED), one of Ann Arbor’s most established full-service law firms, is pleased to announce its merger with Suzanne R. Fanning, PLLC, effective January 1, 2026. This strategic partnership strengthens PSED’s estate planning, probate, and elder law services while expanding the firm’s ability to serve clients with complex and comprehensiv...
Read More!When you’ve become estranged from a family member, the last thing you want is for them to inherit your property by default. However, this is exactly what can happen without a clear, legally enforceable estate plan. Michigan’s intestacy laws—which apply when someone dies without a will—automatically direct assets to spouses, children, or other relatives, regardless of your ...
Read More!We’re proud to have Steven on our team at Pear Sperling Eggan & Daniels, P.C.. Steven Tramontin is a dedicated trial attorney with deep roots in the community and a proven track record in criminal defense, family law, probate, and related areas. Before joining Pear Sperling Eggan & Daniels, he built his practice from the ground up and served as contract counsel for Washtenaw County ...
Read More!By: Suzanne R. FanningPower of attorney and guardianship both serve as legal tools that can give someone else the authority to make decisions for you if you cannot make them for yourself. But while there are many similarities between these two vehicles, there are some crucial differences to be aware of when it comes to using a power of attorney vs guardianship. In contrast with a power of attorne...
Read More!By: Nicole E. Mackmiller, immigration attorney in Ann ArborAny foreign national who obtains legal status in the U.S. as a lawful permanent resident is issued a Lawful Permanent Resident Card, commonly known as a “green card.” Pursuant to 8 USC 1304(e), “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certific...
Read More!By: Suzanne R. FanningWhen a loved one dies and a trust exists, families often breathe a sigh of relief—no court, no probate, no hassle. But that’s only half true. A trust avoids probate, not the legal work that follows. Administering it still means valuing assets, following Michigan’s trust code, keeping beneficiaries informed, and resolving debts and taxes before anything is d...
Read More!By: Nicole Mackmiller, immigration attorneyRecently, the Department of Homeland Security expanded its policies for foreign nationals that are subject to detention by U.S. ICE. In July 2025, DHS started interpreting INA § 235(b) to require the mandatory detention of all “applicants for admission” by U.S. ICE. As a result, U.S. ICE is now detaining anyone who entered the U.S. &ldqu...
Read More!By: Sarah Meinhart, estate planning attorney When a loved one passes away, the thought of navigating probate court can feel overwhelming. Luckily, Michigan law provides simplified procedures for handling small estates saving time, money, and stress for grieving families. These streamlined processes allow certain property transfers without full probate court involvement. Our estate planning a...
Read More!By: James Fraser, civil litigation attorneyThe vast majority of civil lawsuits that are filed rarely make it to trial. There are a variety of mechanisms that encourage parties to settle prior to trial, such as court-ordered mediation, settlement conferences conducted by the Court, plus the hard work of the parties and their counsel to reach settlements on their own. If your case does go to trial,...
Read More!Pear Sperling Eggan & Daniels, P.C. is pleased to announce that immigration attorney Nicole Mackmiller has joined the firm.Nicole brings valuable experience and dedication to client service, especially with immigration matters and advising non-citizen clients in criminal, family law, and probate cases, further enhancing the firm’s comprehensive legal offerings. Her arrival reflects...
Read More!If you are part of the sandwich generation—caring for both your children and your parents at the same time—it is crucial that you know whether or not your parents have an existing estate plan. While the final decisions within their estate plan rest with them, creating a comprehensive estate plan is an absolute necessity, regardless of when it is done. The thought of speaking with...
Read More!Digital assets are a category of commonly overlooked assets that play a crucial role in your estate plan and the legacy you leave behind at your death. It is all right if you did not consider these items when you first created your will or trust; such a mistake is surprisingly common and, luckily, easy to correct.What are digital assets? They include all of the following:● &nbs...
Read More!By: Suzanne R. FanningWhen a loved one dies, probate is often one of the last things family members want to think about, but it quickly becomes unavoidable. Probate is the legal process of validating a will, paying debts, and distributing assets. Families want to know how long it will take and whether they can do anything to make the process faster. The answer depends on the size of the estate, t...
Read More!By: Sarah Meinhart, estate planning attorney in Ann ArborOnce a petition to appoint a personal representative has been filed, Michigan law gives certain individuals the right to object to the appointment. But who can object—and what grounds do they need?Who Can Object?Michigan probate law defines an “interested person” as anyone who has a legal or financ...
Read More!Pear Sperling Eggan & Daniels, P.C. is proud to announce that attorney Sarah M. Meinhart will be a featured speaker in an upcoming webinar series hosted by Bison Wealth Planners and Raymond James. The presentation will focus on the latest developments in estate planning under the One Big Beautiful Bill Act, offering practical insights for individuals and families navigating tod...
Read More!Pear Sperling Eggan & Daniels, P.C., one of Ann Arbor’s most respected law firms, is proud to announce that four of its attorneys have once again been honored by Super Lawyers for 2025, recognizing their outstanding professional achievements and commitment to excellence in their fields.Matt Jane has been recognized as a 2025 Super Lawyer for Construction Litigat...
Read More!I’ve always known I wanted to be a lawyer. Growing up, my family loved to debate, and it came naturally to me. Both of my parents are teachers, and while I respected their path, I felt drawn to law. I enjoyed asking tough questions, finding inconsistencies in arguments, and justifying why things are the way they are—or why they should change.When I graduated from law school, I started...
Read More!By: Sarah Meinhart, estate planning attorney in Ann ArborWhen a loved one passes away, someone must take responsibility for handling their final affairs—paying debts, distributing assets, and navigating the probate process. In Michigan, this role is called the personal representative (also known as the executor in other states). But who actually has the right to serve in this...
Read More!By: Suzanne R. FanningWhen a loved one can no longer make important decisions for themselves, Michigan law provides a way for someone else to step in and help. That legal arrangement is called guardianship. But not all guardianships are the same. Some are meant to address an urgent, short-term need, while others are designed to last for years. Understanding Guardianship in MichiganIn Mi...
Read More!A new initiative aimed at helping homeowners pass on their property and wealth to future generations is gaining momentum in Washtenaw County. Spearheaded by estate planning attorney Sarah Meinhart, the Home Legacy Program is designed to make estate planning more accessible and meaningful for local families. The program focuses on using Lady Bird Deeds—a legal tool that a...
Read More!By: Rebecca HarveyDealing with the death of a loved one is hard enough on its own. But when the death is due to someone else’s negligence, it adds another level of pain and distress. Whether the decedent had a Last Will and Testament, or a Trust, any litigation (or pending litigation) related to a wrongful death action must be handled through the probate estate of the deceased.&...
Read More!By: Rebecca HarveyDo you have a child heading off to college? This new adventure in your child’s life is a new chapter full of new experiences and newfound freedom. Your child has recently become the age of majority and legally you’re no longer allowed to speak for them and help protect them like you did for the past 18 years. Their medical and financial decisions ar...
Read More!We’re proud to have experienced, thoughtful attorneys like Marty Bodnar on our team. With a calm, client-focused approach and years of experience in estate planning, Marty helps families plan for the future with confidence and clarity. Learn more about what drives Marty and how he supports clients through the estate planning process. Why did you choose estate planning? I...
Read More!By: Suzanne R. FanningLosing someone you love is already hard. When there are disagreements or confusion about their will, things can become even more difficult and this is where the Michigan probate court comes in. If you believe a will was signed under pressure, changed unfairly, or doesn’t reflect the person’s true intentions, you may need to bring the matter to probate court. In M...
Read More!By: Matthew JaneIn the construction industry, payment timing and responsibility are critical concerns—especially for subcontractors who often depend on prompt payment to manage cash flow and complete ongoing projects.The inclusion of conditional payment clauses in contracts for private construction projects has become increasingly widespread. These clauses are often referred to as “pa...
Read More!The Washtenaw County Bar Association (WCBA) held its Annual Bench-Bar Conference, bringing together members of the legal community for a day of collaboration, professional development, and celebration. A highlight of the event was the formal swearing-in of new officers for the 2025–2026 term.Sarah Meinhart was officially sworn in as Treasurer of the WCBA, continuing her longstanding commitm...
Read More!By: Suzanne R. FanningProbate can be a confusing and emotional process, especially when you’re already dealing with the loss of a loved one. If you’re responsible for handling an estate in Washtenaw County, you may not know where to start or what steps to take. Washtenaw County probate follows specific rules under Michigan law, and understanding them can help you avoid mistakes. Pear ...
Read More!By: Sarah Meinhart, estate attorney in Ann ArborHow Future Changes Can Impact Your Estate PlanLife doesn’t stand still—and neither do your assets or relationships. That’s why it’s essential to understand how unexpected events can impact the distribution of your estate. Two legal concepts that often arise in estate planning are lapse and ademption. Both invol...
Read More!Pear Sperling Eggan & Daniels, P.C. is pleased to announce that attorney Paul C. Fessler has joined the firm, bringing more than two decades of experience in family law, business and commercial law, estate planning, real estate, and mediation.Known for his straightforward communication style and practical advice, Paul is a dedicated advocate who ensures his clients feel heard, understood...
Read More!By: Suzanne R. FanningIn the aftermath of a loved one’s death, you face another challenge: administering the deceased person’s (decedent’s) estate, otherwise known as going through probate. Probate is the court-supervised process of settling the decedent’s debts and distributing the remaining assets to heirs or beneficiaries. The probate process can be overwhelming, e...
Read More!By: Sarah Meinhart, estate planning and trust attorney in Ann ArborA trust can hold any asset, including money, land, personal property, shares of ownership in a company, vehicles, etc. Typically, a trust is revocable, allowing the grantor to withdraw trust funds whenever they need too. The Internal Revenue Service (IRS) requires trustees to file a 1041 Form, the fiduciary income tax return,...
Read More!By: Suzanne R. FanningEstate planning isn’t just for the ultra-wealthy; it’s for anyone who wants to protect their loved ones and ensure their assets are distributed according to their wishes. Without an estate plan, Michigan law decides who inherits your property, which likely won’t align with your intentions. A well-structured plan can prevent legal headaches, heated family di...
Read More!Pear Sperling Eggan & Daniels, P.C. is pleased to announce the addition of James Fraser to its team of esteemed attorneys. With over 22 years of experience providing litigation services to businesses and individuals throughout Michigan, James brings a wealth of knowledge and a proven track record of success to the firm.James’s practice focuses on civil litigation, encompassing real esta...
Read More!Navigating probate court can be confusing, especially understanding fees. We’re here to help you understand the process of calculating Michigan probate court inventory fees, and provide a link to a calculator to determine the Inventory Fee. Follow this Calculator Link.What is the Inventory Fee?Michigan law (MCL 600.871(1)) requires probate courts to collect an inventory fee on the val...
Read More!Pear Sperling Eggan & Daniels, P.C. is proud to sponsor the Women's Wealth & Wellness Workshop, taking place on Sunday, May 4th at The Inn at St. John's in Plymouth, Michigan.This empowering event is designed for women at all stages of life who want to focus on their overall health and financial well-being.Network with other inspiring women and build valuable connec...
Read More!By: Mark W. NelsonIf you’re talking to a friend and they tell you they have a way you can transfer your house to your kids when you die and avoid probate, that sounds pretty good, right? They’ll tell you it’s simple, all you need to do is go online and search for Ladybird Deed. Is your friend right? Will this deed transfer your property to your children and avoid probate? T...
Read More!The Washtenaw County Probate Court is responsible for handling legal matters related to wills, estates, and guardianships. If you have a loved one who has passed away or need assistance with estate planning, guardianship, or conservatorship, the Probate Court can provide the necessary services. Probate Court ServicesThe Washtenaw County Probate Court handles a variety of mat...
Read More!By: Sarah Meinhart, estate planning attorneyAre you prepared to safeguard your assets and ensure a smooth transition for your loved ones? Understanding the details of trust administration and probate is crucial to effectively managing your estate. This comprehensive Q&A will explore valuable insights into how our firm can assist you throughout the process.What is Trust Administration?Trust Ad...
Read More!By: Suzanne R. FanningEstate planning is a critical step toward ensuring your loved ones (and assets) are protected in the future. Many people delay it, thinking it's something to consider later in life. However, starting early allows you to control your legacy and provide for those you care about when you’re no longer able to. So, when should you start estate planning? The answer is si...
Read More!By: Marty Bodnar, estate planning attorneySetting up a trust does not automatically avoid probate. Instead, if you want to make sure your assets pass to your beneficiaries without getting stuck in the courts, you must title them into your trust and name primary and secondary beneficiaries to your retirement accounts, life insurance, and annuity policies. Due to the complexities of one&rsquo...
Read More!By: Suzanne R. FanningProbate disputes typically involve private family matters: the death of a loved one, conflict over an inheritance or concern over the decline of a elder relative. The best outcome is to resolve disputes about family members privately without the intervention of a judge. However, there are situations in which families can't work out problems on their own and p...
Read More!A state can create regulatory agencies through the Tenth Amendment, under which they have the power to regulate medicine and other professions through professional licensing boards. These are known as state medical boards (SMB). Every state has an SMB. The state board licenses physicians, investigates complaints, disciplines physicians, and refers physicians for evaluation and rehabilitation. SMB...
Read More!By: Suzanne R. FanningWhen someone is trusted to manage another person’s assets or make decisions on their behalf, they’re held to a high standard of care. This responsibility is called a fiduciary duty, and it’s a big deal, especially in probate law. But what happens when that trust is broken? That’s where the concept of a breach of fiduciary duty comes into play.The Hear...
Read More!By: Mark NelsonThe Corporate Transparency Act (CTA) introduces significant new reporting obligations for many businesses operating in the United States. Starting January 1, 2024, certain companies must file Beneficial Ownership Information (BOI) reports with the Financial Crimes Enforcement Network (FinCEN). Who Must ReportThe CTA applies to "reporting companies," which include:&nb...
Read More!Pear Sperling Eggan & Daniels, P.C. (PSED) is proud to announce that attorneys Matt Jane and Tom Daniels have been named to the prestigious 2024 Michigan Super Lawyers list by Thomson Reuters. This recognition acknowledges their exceptional legal skills and commitment to client success.Matt Jane receives this well-deserved recognition for his expertise in construction liti...
Read More!Pear Sperling Eggan & Daniels P.C. (PSED), a respected law firm in Washtenaw County, is proud to announce its sponsorship of the annual Meechigan Football event at the German Park Recreation Club. This long-standing tradition kicks off the football season and brings together the community for a day of fun and camaraderie.“We are thrilled to support this beloved event...
Read More!By: Suzanne R. FanningWhat Is Undue Influence?Undue influence occurs when an often elderly or person with diminished capacity, is subjected to threats, misrepresentation, undue flattery, fraud or physical or moral coercion. This overpowers the person's free agency and impels that person to act against his or her inclination and free will. Fred's Story.Here is a good example of ...
Read More!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 replac...
Read More!By: Suzanne R. FanningProbate is the process of settling a deceased person’s estate through the probate court system. Being named the personal representative of another person’s estate is a big responsibility; you are charged with carrying out someone’s last wishes, distributing their assets, and following the law. It can be stressful, especially if you are grieving the loss of ...
Read More!Are you facing a separation in Michigan? Do you need help unwinding your finances and living arrangements? The Friend of the Court (FOC) and consulting with an attorney can be a valuable source of support during this challenging time.Divorce is an emotional time as couples who once considered themselves one unit, now have to figure out and learn to live apart, separate property, finances and emot...
Read More!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 cl...
Read More!By: Suzanne R. FanningFew things are more difficult than seeing your elderly parent in physical and mental decline, and having to provide care for the person to whom you have always looked to for care and guidance. Unfortunately, when a senior becomes unable to care for him- or herself, the only way to protect them and their well-being may be for an adult child to apply for guardianship of their ...
Read More!Pear Sperling Eggan & Daniels, P.C. Ann Arbor probate attorneys, attended ICLE's Probate Institute on June 20-21, 2024 at the Suburban Collection Showplace in Novi, Michigan. This seminar offered insight directly from Michigan lawyers who have been in on the ground floor of new legislation. This seminar also dived into the details of EPIC Omnibus, including changes related to statuto...
Read More!Local attorneys from Pear Sperling Eggan & Daniels, P.C. were present at a recent Washtenaw County Courthouse event to celebrate the unveiling of a portrait honoring Judge Kurtis T. Wilder's distinguished service on the Washtenaw County Circuit Court (1992-1998). Judge Wilder was the first African-American judge on the Washtenaw County Circuit Court. The portrait will ...
Read More!By: Suzanne R. FanningFor many people, one of the primary goals of estate planning, other than providing for their family, is to avoid probate. Estate planning attorneys encourage people to keep their assets out of probate so often, in fact, that it is common for people to assume that probate is something to be avoided at all costs. Is probate bad? It depends on the circumstances.While it is ofte...
Read More!By: Steven TramontinThere are many reasons why you may want to change your name, from disliking your current name, changing your name following a divorce, and transgender name changes to reflect identity. The process to change your name can take about four to six months. Each county in Michigan has slightly different process requirements. Changing your name legally in court won’t...
Read More!Pear Sperling Egan & Daniels, P.C. is proud to announce their participation in the Washtenaw County Bar Association’s (WCBA) Annual Meeting and Bench-Bar Conference. The event held at the Travis Pointe Country Club on May 3rd, 2024 brought together legal professionals from across the region for a day of learning and networking.PSED actively supports the WCBA and its dedication to servin...
Read More!Elle Soros, labor and employment attorney, attended ICLE's 49th Annual Labor & Employment Institute on April 11, 2024. This seminar offers lawyers and professionals a comprehensive update on ADA, FMLA, FLSA, EEO, SCOTUS decisions, and Michigan statutory changes. It also allows them to stay on top of what’s new at the NLRB and MERC. Popular tech expert Adam S. Forman also d...
Read More!By: Suzanne R. FanningNearly as important as the decision to make a will is choosing an executor to administer your estate. Your executor is the person charged with carrying out your last wishes, settling your debts, and distributing your remaining property to the people you want to receive it. It’s not simply an honorary position, so you need to put some thought into who will serve in that...
Read More!By: Matthew JaneIn today’s challenging and competitive economy, it’s more important than ever that general contractors and subcontractors know and understand their rights and responsibilities to ensure successful projects. The following are issues that any successful general contractor and subcontractor should review:What’s the structure of your company (corporation or limited l...
Read More!By: Mark NelsonWere you pulled over and cited for a moving violation? Like most people your biggest concern is not the fine, but rather the points and the effect it will have on your insurance. Don’t worry, with a good driving record there is still hope that you won’t be penalized by your insurance company. The first thing you need to know is that you don’t have a lot ...
Read More!By: Suzanne R. FanningIn Michigan, a legal guardian has the right and responsibility to make medical decisions for an incapacitated person (ward). The guardian can, for instance, select the ward’s medical providers, consent to treatment on the ward’s behalf, and access the ward’s medical record. But what about making end-of-life decisions? Can a Michigan guardian stop doctors fr...
Read More!By: Suzanne R. FanningIf you are a parent, you know that in some ways, your child will always be your “baby.” But from a legal standpoint, your child is an adult at midnight on their eighteenth birthday. That creates a change in your relationship that neither of you may be ready for, especially if your child is heading off to college. Now that your child is a legal adult, you no longe...
Read More!By: Natalie LennonChoosing the right lawyer for your situation and needs is extremely important. You may be asking yourself, “What kinds of things should I consider?”Whether you’re looking for help dealing with a legal issue, estate planning, going through a divorce or starting a business, here are some key factors to consider when selecting a lawyer:Location- One of the first t...
Read More!The Marketable Record Title Act (MRTA), Public Act 572 of 2018 amended Public Act 200 of 1945, applies to and defines a marketable record title to interest in land. Like many states, Michigan implemented the MRTA MCL. 565.101, et seq., with the goal of determining ownership interests in land by limiting the number of years during which claims like liens or land use restrictions may be asserted. T...
Read More!The pulse of legal prowess reverberated through the halls of Zal Gaz Grotto in Ann Arbor as the Washtenaw County Bar Association recently hosted their highly anticipated annual Trivia Night. Among the fervent competition from numerous esteemed firms and teams, Pear Sperling Eggan & Daniels, P.C. emerged victorious, clinching first place in a tie-breaking round. Notable attendees include guest...
Read More!Family Law cases can be complicated because emotions tend to run high. Divorces, custody battles and parenting time cases involve those we love most and always require an adjustment to how we live our daily lives. The three main areas of dispute usually involve divorce with children, divorce without children, and parenting time or custody matters.Divorce With Minor ChildrenDivorces wi...
Read More!Mark W. Nelson joins Pear Sperling Eggan & Daniels, P.C. as a new attorney. Mark W. Nelson focuses his practice on business, estate planning, probate litigation, trust and estate administration, business matters and real estate. “After serving for 15 years as Magistrate and Court Administrator for the 14B District Court, I am excited to have this opportunity to retu...
Read More!By: Suzanne R. FanningMany people, when asked about their estate planning goals, say that they want to avoid probate. Even if they are not entirely sure what the probate process involves, they have the sense that avoiding probate is a good thing—and often, they are right. Probate is the legal process of administering the estate of a deceased person (decedent), with some level of court ...
Read More!By: Suzanne R. FanningAs this blog post is published, we’re in the thick of the holiday season: shopping, decorating, attending parties, gathering with loved ones, and thinking about the year to come. Often, the holidays are also filled with reminiscences of loved ones who have gone before us. As hard as it is to think about, someday we will be those loved ones our families are remembering ...
Read More!The death of a spouse, parent, or friend invokes the depository provisions in one’s estate planning documents. While the process to transfer tangible personal items can be simple, transferring an asset with a title can be more complex. Here are common scenarios for transferring vehicles in the State of Michigan: Spouse. If the deceased is survived by a s...
Read More!Pear Sperling Eggan & Daniels, P.C. is honoring partner Andrew Eggan’s 50 years of excellent service to their team and celebrating the legacy of hard work and commitment he leaves behind.“I have been a proud member of the Ypsilanti/Ann Arbor law firm of Pear Sperling Eggan & Daniels, P.C, since 1974 when I was hired as a law clerk for the firm. Upon passing the Michigan S...
Read More!Like many States, Michigan has implemented the Marketable Record Title Act (MRTA), MCL 565.101 et seq., with the goal of determining ownership interests in land by limiting the number of years during which claims like liens or land use restrictions may be asserted. This means that if an interest in land is not asserted during a specified period of time, it will be lost or extinguished by law. The...
Read More!Pear Sperling Eggan & Daniels, P.C., has been selected by Best Lawyers ® “Best Law Firms” rankings in their fourteenth edition of the "Best Law Firms" rankings. Best Lawyers®, the oldest and most respected Purely Peer Review® research and accolades company in the legal profession announced the release of the 14th edition of the United States Be...
Read More!Sarah Meinhart presented at the University of Michigan Estate Planning Workshop on October 25th. She discussed charitable giving and estate planning to set guests up for success. Charitable giving, especially if using qualified retirement plans, can provide tax incentives to the individual making the gift and reduce capital gains tax. The nuances of gifting are an opportunity to discuss with...
Read More!Family Law cases can be complicated because of all the emotion involved. Divorces, custody and parenting time cases involve those closest to us and they always require an adjustment to how we live our daily lives. The three main areas involve divorce with children, divorce without children, and parenting time or custody matters.Divorce Without ChildrenIf you want to be granted a divor...
Read More!By: Suzanne R. FanningMost people expect that after their death, their property will go to their family. But what exactly does that mean? If you adopt a child, do they have the same inheritance rights under the law as any biological children you have? What about stepchildren? If you surrender a child for adoption, are they still entitled to inherit from you under the law? Questions like thes...
Read More!Business and commercial disputes in Michigan are handled through the specially created Business Courts, which are specialty dockets created under MCL Section 600.8033 in 2013, and which are part of the Circuit Court System in the various Districts. This statute enumerates specific types of business and commercial disputes, and also specifically excludes disputes that don’t fall within these...
Read More!Sarah Meinhart and Steve Tramontin presented at the Annual Probate Training event at the Ann Arbor City Club on September 12th. Sarah discussed Decedent’s Estate Administration and Steve presented on Conservatorships and Guardianships for Adults and Minors.Sarah knows the incapacity or death of a family member or friend may not only bring about legal issues, but also presents potential diff...
Read More!By: Suzanne R. FanningMost people don’t spring out of bed on their eighteenth birthday, eager to start their day with a good breakfast and a visit to the estate planning attorney. In fact, many people wait decades before making an estate plan, and some never make one at all. Often, the reason they give when asked is, “I’m waiting until I need one.”The reality is that every...
Read More!This is a non-judicial action to sell a property through an auction facilitated by a county Sheriff’s department. This type of action is commenced by a Mortgage company or lender (Mortgagee) when a property owner or borrower (Mortgagor) falls behind in their mortgage payments, does not make any other payment arrangements, and does not wish to keep the property and eventually, the account go...
Read More!Unlike most consumer debts, water and sewer bills are treated differently as far as being discharged in a Chapter 7 Bankruptcy. Any unpaid balances due to the utility company would become a lien against the real property and can be enforced against the real property. A lien is usually preserved with a Financing statement and by notifying the tax assessing authority to place it on record to ...
Read More!By: Suzanne R. FanningThese words don’t usually come up in conversation, but if you have recently been involved in dealing with a loved one’s estate, you may have heard the words “testate” and “intestate” and wondered what they mean. They sound very similar, but they mean the exact opposite—and the difference between testate and intestate could be importa...
Read More!Pear Sperling Eggan & Daniels, P.C. is happy to announce that attorney Elle Soros has been appointed as the Real Estate Section Co-Chair, and attorney Natalie Lennon has been appointed as the Young Lawyers Section Co-Chair of the Washtenaw County Bar Association (WCBA) for the 2023-2024 term. As Section Co-Chairs, they will serve both the Washtenaw County Bar Association, (WCBA) and the ...
Read More!In Michigan, Limited Liability Companies are regulated under MCL 450.4101, also known as the "Michigan limited liability company act" (the Act). According to the Act, “Limited liability company" or "domestic limited liability company" means an entity that’s an unincorporated membership organization. The term unincorporated differentiat...
Read More!By: Suzanne R. FanningOften, when a homeowner dies, their house is the largest asset in their estate. Family members may need or want to liquidate the property as soon as possible. A house frequently represents more than its financial value, of course; it may hold treasured memories of the deceased and of time spent with family there over the years. From an emotional standpoint, family members ma...
Read More!By: Suzanne R. FanningIn a nutshell, a pour-over will is a tool to make sure that everything in your estate passes according to the terms of your estate plan. In recent years, trusts have become an increasingly popular way to avoid probate and ensure that inherited assets are managed for beneficiaries, like children and young adults, who may not be ready to manage an inheritance. There are m...
Read More!You should think of business analysis as a tool to aid strategic decisions and direction, understand and improve your business operational and financial position, set financial or bottom-line objectives, and facilitate organizational efficiency and effectiveness. Seeking business solutions from a professional can help shed light on new perspectives you may not have considered. PSED’s b...
Read More!On May 6, the 1965-66 Alpena High School Mens’ Basketball Team was inducted into the Alpena Area Sports Hall of Fame. The team featured Andrew M. Eggan, a junior guard at Alpena High in 1967.In his senior year, Andy averaged 10 points per game, was the team leader in assists, and was the team’s toughest defender, always assigned to guard the best player on the opposing team; no small ...
Read More!Are you contemplating filing for Bankruptcy? You need to understand the differences between the two main types applicable to most individual or joint debtors (persons who file a petition for discharge of their debts under the U.S. Bankruptcy law), chapter 7 and chapter 13. In Chapter 7 Bankruptcy, also known as Liquidation, a court-appointed trustee reviews the debtor(s)’ estate for an...
Read More!You should think of business analysis as a tool to aid strategic decisions and direction, understand and improve your business operational and financial position, set financial or bottom-line objectives, and facilitate organizational efficiency and effectiveness. One way to perform business analysis is to set Key Performance Indicators, or KPIs, which measure a company's performance outc...
Read More!Cross border ownership of real estate is a common practice today, as investments in real estate extend between the United States and Canada. The practice is so easy, you can forget to ask, “what is the process to transfer this property upon my death?” For our Canadian neighbors, whether they’re dual citizens or not, owning property in the US should include a review of...
Read More!By: Suzanne R. FanningThe decision to pursue guardianship of a loved one can be a difficult, but necessary one. Most family members who seek to become a guardian of a vulnerable person do so not because they want to control their loved one’s life, but because they believe that person is at risk, physically or otherwise, without a guardian’s protection. Often, a family member who seeks...
Read More!By: Suzanne R. FanningIf someone close to you has recently died, you may have received communication from the “personal representative of the estate.” In this blog post, we’ll discuss what a personal representative is, what they do, and what your rights are if a personal representative is not fulfilling their obligations. If you have been named personal representative of someone...
Read More!Trusts aren't just for the wealthy or for complicated estates. They can be helpful for "average" folks like you! What do trusts do? How can trusts be used?A trust is an agreement between two parties: a settlor and a trustee. The settlor creates the trust and sets up the distribution of the assets. The trustee agrees to 1) accept and manage assets delivered by the settlor, 2) ad...
Read More!By: Suzanne R. FanningOne of the most common questions estate planning attorneys hear is “Do I need a will, a living trust, or both?” Often, the question is asked by a new client who has been doing research on estate planning, or who has been advised by a friend or family member. We are always happy to hear this question, because it is a great way to begin exploring our clients’...
Read More!Most Americans have estates that fall under the federal estate and gift tax exemption. However, the exemption is set to be cut in half in 2026. This exemption increased to $13 million (actually $12.92 million) in 2023. In 2026, this exemption resets to $6.8 million (adjusted for inflation between now and then) unless Congress acts in the interim. What happens if you make a taxable gift before 202...
Read More!By: Suzanne R. FanningYou may have come across a situation where you have concerns that your client has, or you suspect has, evidence of some loss of memory, and/or problems with language, problem solving, and other thinking abilities. Perhaps you have an elder client who is exhibiting short term memory issues or other cognitive impairments. You might have been advised by a family mem...
Read More!Harvey Wax, employment attorney in Ann Arbor, achieved a significant victory for a Pear Sperling Eggan & Daniels, P.C. client. The client claimed that he was denied unemployment benefits in Michigan during the height of the pandemic. Mr. Wax was able to represent him and won the benefits to which he was entitled. In the fall of 2020, the client quit his job as a commissioned ...
Read More!Estate planning is important, but what happens if no one can find your important documents? All that hard work could be for nothing, leaving your family frustrated and unsure how to deal with sorting out your assets.It’s important to keep your will in a safe place, where it will be found after your passing. Don’t hide your will under a desk drawer or in a secret compartment. If you do...
Read More!By: Suzanne R. FanningIf you are getting ready to attend your first estate planning meeting with an attorney, congratulations! That means that you’ve already taken the most difficult step: making the decision to make an estate plan. Now you may be concerned about what you should do to get the most out of the consultation. You may even be tempted to postpone the meeting because you don&rsquo...
Read More!By: Suzanne R. FanningJust a few generations ago, it was common for young adults to continue living in the community in which they grew up, close to friends and family who did the same. Grandparents helped to care for grandchildren, and when they themselves grew older and in need of help, their children and grandchildren were nearby to offer the needed support. These days, elderly parents ma...
Read More!Five years ago, cryptocurrency was probably not on your radar. Today, it may be an important investment in your portfolio. You could even own some nonfungible tokens (NFTs) powered by the same blockchain-based technology. Despite the dizzying fluctuations in the value of these assets, if you own them, you should ensure that they’re included in your estate plan so you can preserve them for y...
Read More!Rebecca Harvey, family law and estate planning attorney at Pear Sperling Eggan & Daniels, P.C. joins the firm as a new attorney.Ms. Harvey moved to Michigan to pursue her secondary education at the University of Michigan, and then attended Michigan State University, earning her Juris Doctor (J.D.) law degree. In addition to practicing law, Rebecca has been electe...
Read More!Pear Sperling Eggan & Daniels, P.C. is celebrating its diamond anniversary this year. One of the oldest firms in Washtenaw County, PSED traces its founding back to 1948 when J. Don Lawrence and Robert Ulrich, both alumni of the University of Michigan Law School, opened the Lawrence & Ulrich law office in downtown Ypsilanti. As they say, the rest is history.Ed Pear clerked for the firm whi...
Read More!Sarah M. Meinhart, probate and estate planning attorney at Pear Sperling Eggan & Daniels, P.C. completed the Institute of Continuing Legal Education’s Probate & Estate Planning Certificate Program. This program consisted of 10 online lessons covering these critical areas of probate and estate planning: Planning Techniques for the Taxable EstateAdministration of Trusts unde...
Read More!Sarah Meinhart presented to the Down Syndrome Support Team of Southeast Michigan on Guardianships and Alternatives to Legal Guardianships in Saline. Sarah is knowledgeable about navigating the alternatives to legal guardianship as well as guardianship hearings for developmentally disabled persons. As an attorney and counselor, she’s able to provide able support for these issues a...
Read More!Many Americans spend a lot of time and effort managing their finances. While most are worried about how the coronavirus (COVID-19) will impact their income—whether that’s because they’re temporarily furloughed, find themselves suddenly without a job, or watching their investment and retirement accounts dwindle—there’s another way COVID-19 can wreak havoc on American&...
Read More!Pear Sperling Eggan & Daniels, P.C., has been selected by U.S. News & World Report and Best Lawyers ® “Best Law Firms” rankings in their thirteenth edition of the "Best Law Firms" rankings. "U.S. News is committed to providing consumers with the data and information they need to make some of life's biggest decisions," said Morgan Felchner, exec...
Read More!By: Suzanne R. FanningIt’s not hard to make a valid will. In Michigan, all a will needs in order to be valid under the law is to be in writing; signed by the person making it (or by someone else at that person’s conscious direction); and signed by two witnesses to either the signing of the will or the testator’s acknowledgment of their signature on the will. Of course, the testa...
Read More!By: Suzanne R. FanningFor many people, the motivation for creating an estate plan is the birth of a child. Becoming a parent and becoming responsible for another life tends to focus your attention on planning for the future! The hope, of course, is that you will be around to see your children grow up, and their children as well. But estate planning isn’t based on what we hope will happen&md...
Read More!An estate plan often focuses on tangible property such as jewelry, artwork, money, and vehicles. In this age of technology, it’s important to include your digital assets. “Digital assets” refers to everything you own online. Because we spend more time on computers and smartphones than, you may not realize how much digital stuff you own, from photos and videos to online accounts,...
Read More!By: Suzanne R. FanningThe days and weeks after a loved one’s death are difficult, as you deal with your grief and begin adjusting to life without your family member. Unfortunately, the mourning period often involves the need to probate your loved one’s estate. Probate can be challenging even if you have the original will in hand. If you are unable to find the original will, or are uns...
Read More!By Marty BodnarYou may already know the importance of funding a trust as a part of preparing for your death. It’s also important to know other things you should be preparing for before you die.These things include:Inventory: there’s more to estate planning than writing a will or trust. You should create a list of your assets to make it easier on your family. An estate planning attorne...
Read More!A beneficiary designation is an agreement between your estate and a financial institution to pay specific assets upon your death to a named trust or individual. For example, your life insurance policy may have your spouse or child named to receive the payout when you pass away. Coordinating your beneficiary designations with your estate planning documents is essential to protect your beneficiarie...
Read More!By: Suzanne R. FanningTrusts have become increasingly popular as an estate planning tool in recent years. Trusts aren’t just for the wealthy. They are useful for anyone who does not want their assets to have to go through probate at their death. A trust is a legal relationship in which the creator of the trust (called the grantor, settlor, or trustmaker) entrusts a trustee with the manageme...
Read More!Matt Jane, Jeremy Kennedy, and Tom Daniels from Pear Sperling Eggan & Daniels, P.C. have been named to the 2023 edition of Super Lawyers by Thomson Reuters. PSED attorneys are being recognized for professional excellence in the 2023 Super Lawyers list for their outstanding achievements.Attorneys named to the Super Lawyers list have earned the respect of the profession, the media, and the publ...
Read More!Do you want to appoint guardians for your children?It’s important to have a plan in place when you have a growing family.Pear Sperling Eggan & Daniels, P.C. estate planning attorneys are here to help you plan for the unexpected. When someone dies, a will is the most common document friends and family will search for when there is a death. Your will may also include a guardian...
Read More!Jerold Lax, managing attorney at Pear Sperling Eggan & Daniels, P.C., has been selected by his peers for recognition of professional excellence in the 29th edition of The Best Lawyers in America® for his work in:Employment Law - IndividualsEmployment Law - ManagementLand Use and Zoning LawLitigation - Labor and EmploymentLitigation - Land Use and ZoningLitigation - MunicipalMunicipal...
Read More!Do you or a loved one need help making financial or medical decisions?Are guardianships a good thing?It depends on your situation. Guardianships remove you from being able to take control over your own life and puts the control into the hands of someone you trust. However, you should first consider less extreme option. Limited guardianships –takes away your right to make decisions for...
Read More!By: Suzanne R. FanningWhen a person lacks the legal capacity to make decisions on their own behalf, they need someone who can make those decisions for them. Being under the age of 18 is such a legal incapacity. For most children, the decision maker is a parent. But if the parent isn’t available, or capable of making those decisions, the child needs a legal guardian. That person may have a f...
Read More!By: Suzanne R. FanningLegally, pets are considered property. But anyone who actually has a pet understands that they are much more than that—pets are members of the family. You create an estate plan to protect the human members of your family. But have you considered estate planning for pets? When people first hear the terms “estate planning for pets” or “pet trust,&r...
Read More!By: Marty Bodnar, estate planning attorneyEstate planning comes down to 2 simple questions – “Who gets what?” and “Who’s in charge”? However, if one of the beneficiaries is receiving or might receive Medicaid or Supplemental Security Income (“SSI”) in the future, the answer to these questions gets more complicated.It gets complicated because a speci...
Read More!By: Suzanne R. FanningWhat is Adult Guardianship?Filing for an adult Guardianship can appear daunting at first. However, with some simple guideline, the process can be straightforward. A Guardianship allows a person to make medical and placement decisions for another person who is unable to make those decisions (the ward). Guardianship is most often used when a person has lost h...
Read More!By: Edwin L. Pear, estate planning attorneyHave you decided to have your Will and Estate Plan drafted? This process involves identifying what assets you have, where they should go, and how they should be given to the recipient, but the most important step is selecting someone to oversee the entire process once you’re gone. You may select a corporate or an individual. There are i...
Read More!By: Suzanne R. FanningMore than half of American adults don’t have a last will and testament or any type of estate plan. Many of them have been meaning to get around to estate planning, but have put it off for one reason or another. But many others simply don’t see the need for a will. They may not have a lot of assets, or may not have children, or simply think their family will know ...
Read More!The Washtenaw County Bar Association’s Board of Directors announced that Pear Sperling Eggan & Daniels, P.C. estate planning attorney Sarah Meinhart is one of the attorneys honored this year with the 10th Annual Darrow -Harris Award. The WCBA is giving this year’s Darrow-Harris Award to those lawyers who provide volunteer services to the Homes for Generations Progr...
Read More!By: Sarah Meinhart, estate planning attorneyThe essence of estate planning is to direct distribution of one’s estate to his or her intended beneficiaries through “dispositive” language, including the distribution of property, whether it be personal property, investments, or liquid assets. Many planning tools are distribution schemes and being familiar with each type gives you mo...
Read More!Pear Sperling Eggan & Daniels, P.C. probate attorneys in Ann Arbor volunteer for Washtenaw County probate court counseling sessions. The Probate Court cannot give legal advice to the public. Therefore, it asks members of the bar to volunteer an hour of their time to answer questions from three members of the public regarding guardianships, conservatorships, and decedents’...
Read More!Sarah Meinhart will be presenting at an education seminar at Edward Jones in Belleville, Michigan on April 20th at 9:30 a.m. She’ll discuss 401K plans and estate planning to set you up for success. Sarah knows the incapacity or death of a family member or friend may not only bring about legal issues, but also presents potential difficult interpersonal dynamics. As an attorney and...
Read More!By: Suzanne R. FanningAs adults, we are accustomed to making our own decisions and managing our own affairs, both personal and financial. Unfortunately, sometimes adults become unable to take care of their own needs, and someone else needs to step in to assist them, for their own protection. This may require getting emergency guardianship, also referred to as temporary emergency guardianship.&nbs...
Read More!By: Suzanne R. FanningInheriting property can be complicated, both emotionally and financially. This is especially true when your inheritance is a house. You are likely still dealing with the loss of your loved one, and now must make decisions about what happens to their home. Those decisions are even more challenging if there is a mortgage on the property. What happens when inheriting a house wi...
Read More!By: Jim Nelson, estate planning attorneyThe number of unmarried partners living together in the United States is at least 17 million, which translates to 34 million individuals or approximately 7% of the total adult population. The number continues to grow. Estimates from the Current Population Survey’s Annual Social and Economic Supplement show unmarried parties are now older, more r...
Read More!By: Suzanne R. FanningA personal representative (PR) of an estate is in a position of trust. The PR is the person appointed by the probate court to manage and distribute a deceased person’s (decedent’s) estate. The PR may be an executor named in a will, or someone selected by the court if there was no will. In either case, the PR is a fiduciary: someone entrusted to manage the estate ...
Read More!By: Andrew Eggan, estate planning attorneyAre you required to revise your estate plan documents after a certain length of time? This question is asked by clients and perspective clients on a regular basis. It’s an important question to discuss with an attorney.There’s no law that says trusts, wills, or powers of attorney will expire after a certain time period if not re-signed or repl...
Read More!Sarah Meinhart is working with The Washtenaw County’s Home for Generations program that helps black families who inherited homes establish legal ownership with a Ladybird deed.Practices like redlining, discriminatory lending, and racial segregation led Black families to purchase homes through land contracts or handshake agreements, and their descendants have continued to occupy these homes ...
Read More!The Washtenaw County Bar Association (“WCBA”) have elected Sarah Meinhart to serve a two-year term on the WCBA’s Board of Directors. Sarah has been a member of WCBA since 2009. Sarah is currently spear heading an ad hoc committee through the WCBA, in conjunction with Habitat for Humanity, to start a program to assist homeowners in transferring their investment i...
Read More!Marty Bodnar, estate planning attorney at Pear Sperling Eggan & Daniels, P.C. has been appointed as pro bono legal counsel for a Student Development Program, a non-profit organization serving students at Ypsilanti High School by leveraging leadership into student performance. To learn more about the Student Development Program, please visit: https://studentdevelopmentpro...
Read More!By: Suzanne R. FanningSince the moment President Biden was declared the winner of the 2020 election, attorneys, tax planners, and financial professionals have speculated about how the new administration might change the tax landscape, particularly with regard to estate tax planning. From the campaign through the early months of the administration, a number of proposals for tax changes have been d...
Read More!By: Matt JaneEffective January 1, 2020, litigation in Michigan’s state courts underwent extensive changes because of revisions to Michigan Court Rules pertaining to civil discovery. These changes overhauled the discovery process in Michigan, making it similar to the procedures in federal court. Some of these changes affect probate litigation and should be considered as part of the overall s...
Read More!By: Suzanne R. FanningIn Michigan, when an adult becomes incapable of making good decisions for him- or herself, someone needs to step in and help. Often that person is a guardian or conservator. A guardian makes personal decisions for a legally incapacitated person (ward) such as where to live and what medical treatment to receive. A conservator is in charge of a ward’s finances. Much of t...
Read More!By: Suzanne R. FanningLegal guardianship is not an issue most people think about unless it is splashed across websites and tabloid television, as in the Britney Spears guardianship saga. But the reality is that guardianship abuse is widespread, even though it rarely gets the publicity that the Spears case did. Governors, attorneys general, and lawmakers have been trying to reform Michigan guardia...
Read More!By: Marty Bodnar, estate planning attorneyIn the past we wrote on “How to Score a Touchdown with a Living Trust” and “Funding a Trust Gets You Across the Goal Line.” In keeping with the football analogy, we’re going to describe the 3 “plays” of estate planning to gain a first down. A football team must gain a first down within three plays to keep pos...
Read More!By: Jeremy KennedyFor over a year, the federal and state government, along with governments in many states, put in place moratoriums on evictions to help blunt the impact of the Covid pandemic. These moratoriums, along with aid to renters and other Covid assistance, helped prevent a repeat of the mass of foreclosures and evictions that marked the Great Recession. Even though millions of people we...
Read More!By: Suzanne R. FanningYour last will and testament is supposed to give effect to your wishes for what happens to your property after your death. Having a will typically promotes family harmony by making your wishes clear and preventing your family from fighting over what you would have wanted. But what happens if a family member disagrees with the distribution in your will, or believes the will s...
Read More!Matthew Jane, an attorney at Pear Sperling Eggan & Daniels, P.C. has made the 2022 Super Lawyers and Best Lawyers List for Business Litigation.“I am extremely honored to be listed as a Super Lawyer and Best Lawyer.” says Matt. “It means a lot to be recognized by your peers as a leader in your profession.” Before joining Pear Sperling in 2020, Mr. Jane worked in An...
Read More!Tom Daniels, senior litigation partner at Pear Sperling Eggan & Daniels, P.C. has been named in the 28th Edition of The Best Lawyers in America by BestLawyers.com. Best Lawyers identifies the best lawyers in America, in several areas of specialization, through exhaustive peer review surveys in which tens of thousands of leading lawyers evaluate their professional peers. Mr...
Read More!Jeremy Kennedy, managing attorney at Pear Sperling Eggan & Daniels, P.C. has been named to the 2022 edition of Super Lawyers by Thomson Reuters. Mr. Kennedy is being recognized for professional excellence in the 2022 Super Lawyers list for his work as a Business Litigation attorney.Mr. Kennedy currently serves as the managing attorney at Pear Sperling and practices primarily in the ...
Read More!By: Suzanne R. FanningThe word “conservatorship” wasn’t familiar to many people until this year, when the saga of pop singer Britney Spears’ conservatorship burst into the public consciousness. Images of #FreeBritney protests appeared on the news, and dramatic headlines splashed across the internet and every tabloid magazine.While perhaps no other conservatee has received ...
Read More!Author: Sarah Meinhart, estate planning attorney at Pear Sperling Eggan & Daniels, P.C.Just as “there’s no such thing as a free lunch,” in death, no one dies without an estate plan. The State of Michigan, via the Estate and Protected Individual Code, directs how one’s probate estate will ultimately be distributed. Assets owned by the deceden...
Read More!Jerold Lax, partner at Pear Sperling Eggan & Daniels, P.C. has named in the 28th edition of The Best Lawyers in America List by BestLawyers.com.Best Lawyers publications have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals everywhere. There lists of outstanding lawyers are compiled by conducting exhaustive peer review s...
Read More!By: Suzanne R. FanningConservators have been in the news lately, with singer Britney Spears pushing back in court against her father’s 13-year conservatorship over her. Many of the people standing outside the courthouse waving “FREE BRITNEY” signs have only a vague idea of what a conservator actually does. In fact, many people are unsure of the role of a conservator vs guardian....
Read More!Effective March 24, 2021, there’s a new presumption in Michigan law against jail or probationary sentences for persons convicted of certain misdemeanor offenses. Senate Bill 1048 (2020) is part of criminal justice reform efforts across the country providing uniform standards for the probation system and ultimately reducing the number of citizens subject to unnecessary jai...
Read More!Pear Sperling Eggan & Daniels, P.C. lifts all COVID restrictions. The COVID-19 pandemic has been an unsettling time for all of us. It has placed many restrictions on getting business done, but has allowed businesses to reinvent the way they provide products and services. Attorneys are no different.PSED is now fully open and will continue to offer Zoom calls as well as phone and in-p...
Read More!By: Ed Pear and Natalie LennonBitcoin was created in August of 2008 by a programmer or team of programmers using the pseudonym Satoshi Nakamoto, who outlined the technology in a paper and registered a new domain, Bitcoin.org. To this day, no one knows who Satoshi Nakamoto really is. The stated goal was to create “a new electronic cash system" that was "completely decentralized wit...
Read More!By: Suzanne R. FanningEstate planning, including preparing your will, is filled with big decisions. One of the most important is your choice of executor (also called a “personal representative”). Your executor is the person who will administer your estate after your death. Because your executor is in charge of settling your last debts and distributing your remaining assets according t...
Read More!Under current law, the annual gift tax exclusion is $15,000 per donor per recipient. This means an individual can make as many gifts of $15,000 to as many people as he or she chooses, free of taxes for the recipients. Annual gifts don’t reduce the lifetime exemption for federal estate tax and gift tax for individuals. Currently, the lifetime exemption is $11.7 million per individual a...
Read More!By: Suzanne R. FanningLosing a loved one is always hard, and having to settle their estate while you are still grieving can make things even more difficult. It’s challenging enough when you live near your family member’s last residence and can deal with estate matters and probate court in person. Having to deal with Michigan probate from another state adds a layer of complexity for wh...
Read More!By Marty BodnarIn a previous blog, about “How to Score a Touchdown with a Living Trust” where we mentioned that funding a trust is important to scoring a “touchdown.” Let’s further discuss the funding process to get across the goal line and avoid probate.For each client, an excel spreadsheet of their assets is created. We review it with you throughout the process to ...
Read More!By: Suzanne R. FanningAvoiding probate is a priority for many people, and understandably so; they don’t want their family, already grieving their loss, to be confronted with administrative difficulties in settling their estate. Estate planning tools, such as living trusts, that can pass assets directly to loved ones without the involvement of the probate courts are increasingly popular. A s...
Read More!By: Harvey I. Wax, employment law lawyerThe right to receive unemployment insurance benefits after an employment relationship ends depends solely on why the relationship ended.Employers and employees commonly believe that because the employee is jobless he/she is entitled by law to receive unemployment benefits from the State. However, in many situations, that’s not true. In Michigan, there...
Read More!Business attorney, James B. Nelson retires from Pear Sperling Eggan & Daniels P.C. His practice focused on estate planning, probate litigation, trust and estate administration, business matters, and real estate, including construction and construction lien matters. “I’m fortunate to have spent fifty-three years providing legal services to many people in the Ypsilanti – ...
Read More!By: Suzanne R. FanningFewer than one percent of wills are challenged in court, and many of those challenges are unsuccessful. The fact of the matter is, it is not easy to overturn a will, or even a provision in a will. That said, the law of every state, including Michigan, includes provisions for contesting a will. Courts generally want to honor the last wishes of the person who made a will,...
Read More!By: Jeremy Kennedy, Civil Litigation AttorneyWhenever someone is looking for representation on a lawsuit, whether it’s because they are considering suing someone, or they have been sued, inevitably they get to the question “So how long will this all take?” People who have never been involved in litigation seem to think a lawsuit will be done in a few weeks, maybe a few months at...
Read More!By: Suzanne R. FanningWhile a will is one of the most important estate planning documents you can have, there are things that it won’t cover. A will is just one part of a comprehensive estate plan. A will is a legally-binding statement directing who will receive your property at your death. It is also the way you appoint a legal representative to carry out your bequests and that you na...
Read More!By: Suzanne R. FanningIf someone close to you has died and their will puts you in charge of administering their estate, you have probably been told that the first thing you should do is hire a probate lawyer. Similarly, if a loved one has died without a will in Michigan, you may be at a loss as to what to do next, and conclude that you need the help of a probate attorney. In both cases, you ...
Read More!Written by Marty Bodnar, Estate Planning AttorneyThe COVID-19 pandemic has been an unsettling time for all of us. It has placed many restrictions on getting business done, but as the old saying goes, “necessity is the mother of invention”. Thanks to entrepreneurs, multiple platforms for getting work done remotely have emerged to help us stay engaged with each other. The legal pro...
Read More!By: Suzanne R. FanningIf you are making or updating an estate plan, you may be wondering if a living trust should be a part of it. You may be under the impression that trusts are complicated or only for the wealthy. In reality, trusts offer a host of benefits, and you don’t have to be wealthy to realize those benefits. Not everyone needs a trust, but you may be surprised to learn what a tru...
Read More!By Sarah MeinhartThe laws of physics play out in our world; starting with the Newton’s Third Law of Motion, “…for every action there is an equal and opposite reaction.” The Stay Safe, Stay Home Order was no exception. As we quarantined in our homes in 2020 to prevent overwhelming our hospitals with Covid-19 cases, a reaction occurred – elective medical appointments ...
Read More!Pear Sperling Eggan & Daniels P.C. announced today that Sarah Meinhart, who specialized in probate and estate planning matters, has joined the firm.Sarah Meinhart has served as the Co-Chair of the 2016-2018 Estate Planning, Probate & Trust Law Section for the Washtenaw County Bar Association. She currently serves as a 2018-2019 Director at Large for the Washtenaw County Bar Asso...
Read More!Pear Sperling Eggan & Daniels, P.C. has been named a Tier 1 firm in Ann Arbor, Michigan for Land Use & Zoning Law and Litigation in Municipal Law by U.S. News – Best Lawyers® “Best Law Firms” in 2021.U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients a...
Read More!By: Harvey I. WaxEmployers commonly condition the hire of a new employee on their willingness to agree in writing that after leaving the job, he or she will not engage in another job or a business that is competitive with the employer’s business. While such a commitment may appear to someone who is unemployed to be no big deal, that’s normally not the case. Being subject to such an ag...
Read More!Sometimes it takes a lot of time and resources to develop a unique and successful advertising scheme. Whether your business is best known for its name, logo, or catchy phrase, a business should safeguard its hard work and intellectual property. Any individual or business can file an application with the United State Patent and Trademark Office (“USPTO”) to register its trademark and s...
Read More!By Jerold LaxIn a 4-3 decision issued on October 2, 2020, the Michigan Supreme Court limited Governor Whitmer’s authority to impose emergency regulations to deal with the COVID‑19 pandemic.The Governor had declared states of emergency under two statutes, the Emergency Powers of the Governor Act of 1945 (the EPGA) and the Emergency Management Act of 1976 (the EMA). The EMA authorized the G...
Read More!Jerold Lax, partner at Pear Sperling Eggan & Daniels, P.C. has again made the 2020 Super Lawyers list in the category of state, local and municipal law.“It is a huge honor to be recognized again this year,” says Jerold Lax, partner. “I am happy to be included amongst these experienced attorneys dealing with issues involving governments and their citizens.”Super Lawyers...
Read More!By: Suzanne R. FanningLearning that an older family member is being mistreated is a gut-wrenching experience. At first, as with many other types of abuse, you may not want to believe it, especially if the abuser was someone who was supposed to be caring for and protecting the victim. The initial impulse to deny that elder abuse is happening is a natural one, but once the shock wears off, you quic...
Read More!By Matthew Jane, Real Estate Lawyer in Ann Arbor at PSEDOn July 17, 2020, the Michigan Supreme Court issued an important decision in Rafaeli, LLC and Andre Ohanessian v. Oakland County and Andrew Meisner that will impact county budgets and tax-foreclosure protocols. In a detailed opinion by Justice Zahara joined by 5 other justices (Justice Viviano wrote a separate concurring opinion), the c...
Read More!By: Suzanne R. Fanning“Respect your elders” is something many of us heard as children, and we grew up with the understanding that older people deserved to be treated with deference and dignity. Our older parents and grandparents have cared for us, taught us, and protected us. In their golden years, when they may need more help, it’s time for us to return the favor. Unfortun...
Read More!Written by Marty BodnarPeople often contact PSED to start a business after a career in corporate America. Usually, these people just want to keep it simple and want an entity that will have limited liability, meaning that creditors can’t go after their personal assets but can only go after the assets of the new entity.The two types of legal entity that offer simplicity along with limited li...
Read More!By: Suzanne R. FanningAs of this writing, COVID-19 infections appear to be on the decline in Michigan—some welcome good news after months of stress and worry over this novel infection. And while the decline in cases is a positive development, it is not reasonable to expect that everything will just go back to normal (or that we will not experience another wave of infections). Instead, this ...
Read More!Dear Valued Client:We hope this letter finds you and your family in good health. We are excited to be seeing you back in our office soon. While many things have changed over the past few months, one thing has remained the same: our firm’s commitment to you.We wanted to let you know about some of the changes you will notice when we open for regular appointments. We made these changes to...
Read More!By: Suzanne R. FanningMichigan is making electronic accommodations for witness and notary signatures during COVIDThe COVID-19 pandemic has made many of us focus on the need to have our estate documents in order, especially powers of attorney and wills. But, what do we do about the signing requirements for witnesses and notaries when we live in a time of social distancing and statewide stay ...
Read More!Written by Jim NelsonA stimulus check that has been made out to someone who died before the receipt of the payment must be returned to the IRS. The IRS has provided this example: Mary receives her EIP electronically in her bank account on April 20. She dies on April 21. Mary’s estate is not required to return the EIP payment. However, had Mary died on April 19, t...
Read More!By: Suzanne R. FanningThinking about serious illness and life-saving measures that might be taken in a crisis is never pleasant. Unfortunately, with the advent of the coronavirus pandemic, many of us have been confronted with images of how painful life-saving measures can be. This is especially true when there is little hope that the measures will restore the patient to any real quality of life.&...
Read More!Written by Marty BodnarTo help businesses deal with the Covid-19 shutdown, Congress enacted the Payroll Protection Program (“PPP”) dedicating over $1 trillion for potentially forgivable loans to businesses, with 500 or fewer employees.Upon receiving a PPP loan, a business has 8 weeks to spend the loan proceeds on certain expenses to be eligible to forgive the entire amount of the loan...
Read More!By: Suzanne R. FanningMichigan has been particularly hard-hit by the coronavirus that causes COVID-19, and hospitals have been overwhelmed. In order to stem the tide of cases, most Michiganders have been following recommendations for physical distancing and staying at home as much as possible except for essential business outside the home. Some errands are obviously non-essential, and some are cl...
Read More!By: Suzanne R. FanningIt’s on every television news channel, splashed across the front page of every newspaper, blaring from radio stations and popping up on every social media site: the novel coronavirus, which causes the respiratory illness known as COVID-19.Many of us are working remotely, sheltering-in-place at home, going out only for necessities. Others are in essential occupations, w...
Read More!By Scott E. Munzel, updated May 27, 2020Both the Federal and State governments have acted to address the coronavirus crisis and its economic impact on real estate issues. Congress enacted the CARES Act, which is designed to help homeowners with mortgages, tenants, and potentially some landlords. Michigan’s Governor Gretchen Whitmer has also implemented several Executive Orders t...
Read More!By: Suzanne R. FanningIn the moments after a family member’s death, the need to open an estate for them is probably not the first thing on your mind. But in the days and weeks that follow, you will come to realize that you need to take steps to settle their estate—pay any bills they had outstanding at the time of their death, and distribute their remaining assets. Many people have nev...
Read More!Written by Marty Bodnar, Estate Planning AttorneyAs a result of the Stay at Home, Be Safe executive order issued by Governor Whitmer in response to the Coronavirus virus people are required to stay home and quarantine. Did you know we’re still available via phone, Zoom or Skype to start a conversation about getting your affairs in order? In the past, we couldn’t sign the documents bec...
Read More!By: Wendy AltonOn March 27, 2020, the CARES Act was enacted to financially assist American families and business affected by COVID-19. The most widespread relief will come in the form of economic impact payments, and those payments are being issued immediately. With some exceptions, the payments are $1,200 per adult and $500 per child. The details of the payments can be found on...
Read More!By: Wendy AltonOn March 23, 2020, in response to the COVID-19 outbreak, Michigan Governor Whitmer issued Executive Order 2020-21 which was a “Stay Home-Stay Safe” order requiring Michigan residents to shelter in place and restrict travel. The Order was scheduled to expire on April 12, 2020, however, the Order may be extended and Governor Whitmer indicated on April 6, 2020 that a...
Read More!Pear Sperling Eggan & Daniels, P.C. donates to the Michigan State Bar Association’s and State Bar Foundation’s state-wide Access for Justice Campaign.For over 20 years, PSED Law has been a leader in providing direct service and financial support to fund pro bono civil legal services to the most vulnerable among us; people who can’t afford but desperately need quality legal r...
Read More!By Marty Bodnar The Stay-at-Home, Be Safe Executive Order issued by Governor Whitmer on March 23, 2020 in response to the Coronavirus pandemic requires people to stay at home. Due to this virus and the effects of government measures, the world economy is in a free fall – the stock market has fallen over 30% and America has not seen this level of fear since the polio epidemic in the 194...
Read More!Thomas Daniels, long-time partner at Pear Sperling Eggan & Daniels, P.C. has been named a Commercial/General civil litigation Super Lawyer for the 9th year in a row.“It is an honor to be named again,” says Daniels. “I enjoy serving our clients and protecting their rights to civil justice and I’m proud of our firm’s commitment to advancement of the law and the bet...
Read More!By: Suzanne R. FanningWhen you hear the term “estate planning,” what comes to mind? If you’re like most people, you think of drafting a will or a trust, with the intention of disposing of your assets after your death. Many people are surprised to learn that estate planning is about more than who gets which possessions, and especially that some of the most important documents in ...
Read More!As a service to our clients, we occasionally share helpful articles on topics that may be useful for you. We found this article and wanted to help educate our clients when it comes to estate planning in Ann Arbor. If you want to learn more about the SECURE Act, contact Marty Bodnar at (734) 665-4441 for a consultation. By: David E. Peterson, Esq., Neighbor“The Setting Every Commun...
Read More!As a service to our clients, we occasionally share helpful articles on topics that may be useful for you. We found this article and wanted to help educate our clients when it comes to estate planning in Ann Arbor. If you want to learn more about the SECURE Act, contact Marty Bodnar at (734) 665-4441 for a consultation. By: Ron Carson“Has it been awhile since you reviewed your esta...
Read More!By Scott E. Munzel, real estate lawyer at Pear Sperling Eggan & Daniels, PC; and Patrick A. McVeigh, Liberty Title Agency Last year, the Legislature amended the 40 Year Marketable Title Act (the Act), and created a two year window during which holders of “older” property interests could preserve those interests by recording a notice of those interests with the Register o...
Read More!Marty Bodnar, Elder Law attorney in Ann Arbor at Pear Sperling Eggan & Daniels, P.C. completed the Institute of Continuing Legal Education’s Elder Law Certificate Program and received a certificate.This program consisted of 49 online lesson covering the following critical areas of Elder Law:Capacity AssessmentGuardianships & ConservatorshipsLong-Term Care Planning and Contracts...
Read More!By: Wendy Alton, Divorce Attorney at Pear Sperling Eggan & Daniels, P.C.Divorces can be expensive, especially when one spouse has to conduct extensive discovery, or in other words, send the other spouse numerous requests for information about their income and assets. While some spouses openly share this type of information, some don’t, and the lack of sharing information can be one of t...
Read More!Pear Sperling Eggan & Daniels P.C. hires new attorney, Matthew Jane specializing in commercial litigation, construction law and real estate matters in Michigan.Mr. Jane has extensive experience handling complex and sophisticated litigation involving a wide array of business, construction and real estate disputes. He has expertise in handling payment and construction lien issues, claims f...
Read More!By: Suzanne R. FanningIf you are considering seeking guardianship of a loved one, you have almost certainly not come to this decision point easily. Particularly if that loved one is an older relative who is suffering from dementia, you may have spent months wrestling with the question of whether it is more appropriate to act for their protection by seeking guardianship, or to preserve their indep...
Read More!By: Suzanne R. FanningA personal representative is the person in charge of overseeing and distributing the property owned solely by a deceased person, or decedent, at their death through the probate process. (Property owned jointly with others, or held in a trust, does not need to go through probate.) Who can be appointed a representative in a probate case?Before we talk about who can be a person...
Read More!By: Marty Bodnar, Estate Planning Attorney at Pear Sperling Eggan & Daniels, P.C.Congress passed the Setting Every Community Up for Retirement Enhancement Act (“SECURE” Act or “the Act”) implementing a major change to retirement plans, effective January 1, 2020.The Act expands the options for you to save for retirement, but in the process, it greatly impacts estat...
Read More!As a service to our clients, we occasionally share helpful articles on topics that may be useful for you. We found this article and wanted to help educate our clients when it comes to estate planning in Ann Arbor. If you want to learn more about protecting your inheritance contact Marty Bodnar at (734) 665-4441 for a consultation. By: Alessandra Malito, MarketWatch.comBeneficiaries of indivi...
Read More!By: Suzanne R. FanningWith the death of a loved one, normal routines and patterns can be thrown into disarray. That is why we encourage our clients to create an estate plan: so that in the days following a death, a trusted person can manage the assets of the deceased (decedent) and ultimately distribute them to the decedent’s loved ones. If the decedent had a trust, the assets that wer...
Read More!PSED Law is proud to announce that it has been named to the State Bar of Michigan’s 2019 Pro Bono Circle of Excellence at the Leadership level. The Circle of Excellence recognizes firms that have exhibited a strong commitment to pro bono services in the last year. PSED Law is one of approximately 35 firms throughout the entire state to be named to the Circle at the Leadership level, the hig...
Read More!Marty Bodnar has been appointed to the Executive Committee of Catholic Social Services of Washtenaw County (CSSW) and named Secretary of the Board of Directors. The executive committee consists of the board chair and officers of CSSW. The committee supervises and controls the management of affairs between full board meetings and in urgent situations. The executive committee also ov...
Read More!By: Suzanne R. FanningFor most of your child's life, you've been responsible for managing their healthcare, and any significant assets intended for them. When they wake up on their eighteenth birthday, you still see your beloved child—but the law sees a legal adult. That legal adult has certain responsibilities and rights, including the rights to privacy regarding their medical reco...
Read More!By: Marty Bodnar, Estate Planning Attorney at Pear Sperling Eggan & Daniels, P.C.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 for certain government benefits.During the Obama administration, the federal governme...
Read More!Pear Sperling Eggan & Daniels, P.C. has been named a Tier 1 firm in Ann Arbor, Michigan for Land Use & Zoning Law and Litigation in Municipal Law by U.S. News – Best Lawyers® “Best Law Firms” in 2020.U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be...
Read More!By: Marty Bodnar, Estate Planning Attorney at Pear Sperling Eggan & Daniels, P.C.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 ...
Read More!By: Suzanne R. FanningFrom the perspective of the person creating a trust (called the settlor or grantor), a trust may have many advantages: probate avoidance, the ability to exert control over assets left to children and grandchildren, and the security of the knowledge that trust assets will be managed by a competent trustee. For beneficiaries, however, the existence of a trust can be somewhat f...
Read More!By: Jeremy KennedyStarting January 1, 2020, litigants in civil cases in Michigan’s state courts will face significant changes in how cases are handled. 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...
Read More!By: Suzanne R. FanningMost people think of prenuptial agreements, or prenups, as something to put in place in case of divorce: should you and your future spouse decide to part ways, the prenup can dictate whether there will be spousal support, and how property will be divided. But can a prenup keep you from inheriting from your spouse, or keep your spouse from inheriting from you? The answer is y...
Read More!By: Wendy Alton, Divorce Attorney at Pear Sperling Eggan & Daniels, P.C.One of the most frequent questions our divorce clients ask is: “Does spousal support automatically ends 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 sp...
Read More!By: Steven TramontinMany criminal cases are abandoned by the prosecution prior to trial. Charges are dismissed for many reasons – including exculpatory information provided through defense investigation, the suppression of necessary evidence due to constitutional violations, and recanting or uncooperative witnesses. Prior to June 12, 2018, however, a dismissal of charges still left a ...
Read More!By: Suzanne R. FanningIn Michigan, the Probate Court is a separate court system that supervises cases involving trusts and estates, as well as incapacitated and vulnerable individuals, and minors. There are a number of different matters that have to be filed specifically in Probate Court. When a family member dies, there is often a probate estate that needs to be filed to transfer ass...
Read More!Pear Sperling Eggan & Daniels was recently pleased to learn that the Michigan Attorney General’s Office had decided that it was dropping all charges against a PSED client, Dr. Eden Wells. Dr. Wells, the former Chief Medical Officer in the Michigan Department of Health and Human Services, had been charged as part of the investigation arising out of the Flint water crisis, and was represe...
Read More!PSED successfully defended Allied Fence against claims by Pittsfield Township that Allied violated the zoning ordinance by selling Christmas trees on property located on Carpenter Road near Ellsworth Road.Allied has used a fenced-in enclosure in its front yard for more than 30 years to sell a variety of retail products. When Pittsfield changed its zoning ordinance to prohibit sales activity in th...
Read More!In a case of first impression, the U.S. Court of Appeals for the Sixth Circuit recently upheld the dismissal of a case against the Michigan Neonatal Biobank and the Michigan Department of Health and Human Services, which sought to declare Michigan’s program of screening newborns for chronic diseases and genetic disorders unconstitutional. Attorneys Jeremy Kennedy and Jerry Lax of Pear Sperl...
Read More!By: Marty BodnarTo win football games, a team needs to score touchdowns, not just kick field goals, when it reaches the “red zone.” Kicking field goals, rather than scoring touchdowns between the 20-yard line and the end zone loses football games.In this blog, we discuss “How to Score a Touchdown with a Financial Power of Attorney” by avoiding probate court after you becom...
Read More!By: Suzanne R. FanningWhether you’re planning on becoming a first-time parent or you have half a dozen children, it’s important to know what your parental rights and responsibilities are.Historically, parental rights go hand-in-hand with parental responsibilities. Parents inherently have parental rights, but with that right comes a deep sense of responsibility. If a parent does not up...
Read More!By: Marty Bodnar, estate planning attorney in Ann ArborYou 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 “pati...
Read More!By: Suzanne R. FanningHiring the Right Probate AttorneyDo you remember the movie “My Cousin Vinny”? In that movie, two young men traveling through Alabama are mistakenly charged with a murder of a clerk at the “Sack N Suds”. One of the young men elects to go with the Public Defender, while the other relies on his cousin Vinny, a recent law school graduate from New Yo...
Read More!By: Suzanne R. FanningWhat is Probate Mediation?Probate mediation in Michigan is a way for parties involved in probate disputes to voluntarily reach a resolution of a dispute outside of a courtroom setting. A neutral mediator works with the parties to find a compromise that settles the dispute and avoids the uncertainty, cost, and worry involved in probate litigation.Probate mediation is an...
Read More!By: Marty Bodnar, estate planning attorney in Ann ArborFamily disagreements often occur concerning funeral arrangements and the disposition of their loved one’s body or cremated remains. Until recently, if there was no surviving spouse, the decision rested on the majority of decedent’s living children.Now, in Michigan, an individual can designate a funeral representative in a document...
Read More!Tom Daniels has joined the Board of Directors of Growing Hope and will also serve on the agency’s Development Committee.Growing Hope is an Ypsilanti-based non-profit organization that operates the Ypsilanti Farmer’s Market and a thriving urban farm only blocks from downtown Ypsilanti. Growing Hope provides garden-based nutrition education at its farm and in local classrooms, and suppo...
Read More!This is a question that’s frequently asked by our clients when discussing their estate plan options. The answer depends on the facts of each case but, in general, there are good reasons to hold title in the husband’s name and wife’s name, as husband and wife, rather than in their living trust name.Property that’s in the names of both a husband and wife is considered to be ...
Read More!Marty Bodnar joins Catholic Social Services of Washtenaw County as a member of their Board of Directors. Mr. Bodnar will serve on the finance and quality committees. Catholic Social Services of Washtenaw County helps assist the community with programs like counseling for young pregnant mothers, behavioral health, and substance abuse treatment. They also help the local community with a f...
Read More!By: Suzanne R. FanningUndue influence happens when an elder adult is threatened, pressured, manipulated or cajoled into making changes to his or her estate plans, property ownership or financial assets that the elder adult wouldn't make but for the undue influence. The undue influencer can be a family member, romantic interest, friend, caregiver or professional. Unfortunately, the r...
Read More!One of the most common types of inquiries I receive is from people who claim they’re victims of workplace harassment instigated by a boss, supervisor or co-worker. Their most common question is if they can put an end to the harassment and recover money damages from the harasser.Unfortunately, the situations that afford a harassed employee a right to threaten or take legal action against a h...
Read More!By: Suzanne R. Fanning47.8 million people, or 13% of the U.S. population are now over the age of 65. About 1.5 million of those people currently reside in nursing homes. A nursing home is a residential facility that provides skilled nursing care. Nursing homes provide a level of medical, cognitive, behavioral and functional care that independent and assisted living communi...
Read More!While we’re not tax professionals, we’re paying attention to some significant tax changes that are in effect now and are also effective as of January 2019. These changes will have quite an effect on how settlements are negotiated in divorce, custody and support cases. Spousal Support/AlimonyFor divorces settled and finalized after December 31, 2018, all spousal support and ...
Read More!By: Suzanne R. FanningIn Michigan, the need for guardianship is growing as the numbers of aging adults with diminished capacity increase. In this blog post, I explain what a guardian does, as well as a guardian's powers and limitations.What is a Guardian?A guardian is a person who is appointed by the probate court to make medical, placement and other decisions for an incapacitated person.&nbs...
Read More!By: Suzanne R. FanningOne of the most common questions I am asked by a new client in an initial estate interview is "Do I need a trust?" The following are circumstances where a trust might be necessary or helpful to your asset planning:Tax Planning A trust may be necessary if your assets will be subject to federal estate tax following your death. There are plannin...
Read More!One of the most common type of calls we receive comes from people who believe they’ve been defamed. Almost without exception we have to turn them away, informing them that, unfortunately, even if someone said something hurtful, it’s not defamatory. This may leave clients confused, wondering why that’s the case. Going back to the roots of the United States, the protections afford...
Read More!The Washtenaw County Bar Association held its Award Dinner & Election. Scott Munzel, was elected to serve a two-year term on the WCBA’s Board of Directors. Scott has been a member of WCBA since 1999 and was previously Chair of the Real Estate Section. Scott practices law in the areas of real estate law, zoning and land use law, and municipal law.Also at the dinner, Ed Pear a...
Read More!In May, PSED obtained a significant favorable ruling from Judge Kuhnke of the Washtenaw County Circuit Court on behalf of a real estate developer in a complicated dispute with a condominium association. During the housing market crash in 2008, the prior developer was not able to complete all the phases of a condominium complex and 210 unconstructed condominium units went into tax foreclosur...
Read More!By: Suzanne R. FanningAlcohol Abuse in EldersBy 2030, one-third of the U.S. population will be age 55 or older. There is no reason why elder adults should not be able to drink responsibly as they age. However, excessive alcohol abuse, known as Alcohol Abuse Disorder (AUD) is a growing problem in the elderly across the United States. Alcohol abuse adversely affects both ph...
Read More!By: Suzanne R. FanningWhat Information Should a Personal Representative Provide to Estate Beneficiaries? Frustrated heirs will often contact me, frustrated at the lack of information they have received in a probate estate. Unfortunately, estate heirs and devisees don't always know what documents they should receive. This blog will identify what documents the Personal Representative (PR) has to ...
Read More!By: Suzanne R. FanningWhat to do if you can't find the will after someone dies When a loved one dies, one of the first things you might need to do is look to see if he or she left a will. However, what do you do if you can't find the original will? Surprisingly, it is often quite difficult to locate the original will. People put important documents like wills in safe places. Unfortunately, ...
Read More!You are engaged to be married, and have either bought or received a beautiful (expensive) engagement ring. Unfortunately, something happens to destroy the pre-wedding bliss and the wedding is called off for good. If the marriage never happens, who gets the engagement ring?The courts in Michigan have answered unequivocally: the person who gave the ring in anticipation of the marriage.The definitiv...
Read More!We have two separate court systems in Michigan, a state court system and a federal court system. For disputes involving amounts of $5,000 or less, you can sue in state small claims court, which is usually available in each city (at the local district court) and does not require an attorney. In fact, you cannot have an attorney in small claims court. If your dispute involves amounts over $5,000 bu...
Read More!By Wendy AltonCommon law marriage is the term for a “marriage” that exists solely by agreement and by cohabitation. More simply, a common-law marriage exists when two people agree to live together to be “married.” Common-law marriage is one of the fundamental rights that has existed in this country since the first settlers.In 1838, Michigan passed a law that stated that &l...
Read More!Anyone who has participated in a local zoning controversy—whether as a property owner desiring to alter the use of a parcel, a nearby property owner displeased with the proposed change, or a governmental agency (council, planning commission, zoning board of appeals) required to resolve the issue—knows full well that these matters can arouse strong emotions. Indeed, a whole...
Read More!Many oil and gas producers have their land surveyors out looking for properties to seismically survey in Michigan now that hydraulic fracturing, otherwise known as “fracking,” has become a profitable way to extract natural gas and petroleum products from the ground. Fracking is a process whereby hundreds of thousands of gallons, and sometimes millions of gallons, of water are in...
Read More!Business owners owe a reasonable duty of care to protect customers from unreasonable risks of harm caused by hazardous conditions on a business premises. If the operator of a business fails to comply with this duty and a hazardous condition causes a customer to suffer an injury, that customer may have a personal injury claim against the premises owner. However, it can be very difficult to succeed...
Read More!Under the Michigan Whistleblower’s Protection Act (“WPA”), an employer is subject to civil liability and penalties for discharging, threatening or otherwise discriminating against an employee because the employee reports or is about to report, a violation or suspected violation of a law, regulation or rule to a public body, unless the employee knows that the report is false, or ...
Read More!Any business, whether emerging or established and looking to expand, should consider one or more trademarks to help consumers identify the source of certain goods or services. Regardless of any formal registration, trademark rights are created through their use in commerce. Therefore, it is possible for different entities to obtain trademark rights in the same trademark for diff...
Read More!The popularity of various social media applications, such as Facebook and Twitter, has grown at a rate that far exceeds the ability of courts and the legislature to keep up with regulations and their interpretation. A user on any one of these applications is able to post a comment, a picture, a link or logo within seconds of its creation, becoming a potential advertiser for their own compan...
Read More!On Tuesday, February 19, 2013, the United States Supreme Court heard oral arguments in the case of Bowman v. Monsanto, a very important case for U.S. patent law and just about every research and development institution in the country.The case centers on Monsanto’s patented soybeans that have been genetically modified to be resistant to glyphosate, an herbicide. According to the statem...
Read More!By Wendy Alton A common misperception of people going through a divorce in Michigan is that spousal support (formerly called alimony) is based solely or mostly upon a difference in income between the spouses. While it is true that the court considers income when deciding if spousal support should be awarded—income is just 1 of 14 factors that the courts review. In deciding whether or not spous...
Read More!We have all read those “miscellaneous provisions” portions of contracts. Those are the portions of the contract where all of the random, seemingly uninteresting provisions are found. Often those provisions include things like choice of law, jurisdictional standing, merger and integration and the like. They can also include substantive issues, such as limitations of warranty and liquid...
Read More!As attorneys who frequently handle disputes arising out of residential leases, the following are the three topics we are asked about most frequently by landlords and tenants:Security deposit issues;Late fees;Repairs that the landlord must make.Each of these issues will be covered in two separate blog posts, starting with the security deposit.The Landlord and Tenant Relationships Act governs resid...
Read More!This blog post is the second of two parts that address the three of the topics that clients most frequently seek advice on in the residential landlord/tenant realm. Part 1 addressed what is commonly referred to as the Security Deposit Statute, and can be accessed here. This post will address the following: (1) late fees that a landlord can lawfully charge a residential tenant; and, (2) when a lan...
Read More!We often think that custody battles involve just children. However, pets are often cherished members of the family, and how divorcing couples share time with their pets is often of primary focus and concern. It is not uncommon to hear the following: “My dog is my baby.”Despite the close loving relationship we have with our family pets, they are considered personal property in Michigan...
Read More!Wendy Alton was honored to speak with the Down Syndrome Support Team (DSST) in Saline this past Sunday about estate planning for special needs families. Many families have children that may require or presently require assistance outside of what the family can provide. This can be either while the child is still a minor, or when they become an adult. Unfortunately many of the programs require a &...
Read More!On July 1, 2013, seventeen Michigan counties will begin accepting filings in their Business Court divisions. Late last year, the Michigan Legislature passed a law requiring any Michigan circuit court with three or more judges to begin a docket for a business court to deal with business or commercial disputes. These cases will include any dispute involving a business enterprise. ...
Read More!By Wendy AltonIt seems like one of the biggest mysteries with family law clients is how child support is actually calculated. It is a common misperception that child support is based just on the income of both parents. While income is a factor, it is not the only consideration when child support is calculated.In Michigan, the following is a standard list of items considered to calculate child sup...
Read More!When named as a defendant in a lawsuit, the natural instinct of most people is to panic or despair. Faced with the possibility of having a judgment entered against them and the equally daunting prospect of dealing with the legal system and having to pay for an attorney even if they win, most people understandably worry about what will happen to them, their family, and their overall well-being. Ev...
Read More!In the state of Michigan, you can end your marriage by filing for one of three things: divorce, separate maintenance (legal separation), or annulment. An annulment is only granted if the marriage itself was void from the beginning or the marriage is voidable.A void marriage in Michigan is a marriage that could not have taken place legally from the beginning. What this means is that there was cons...
Read More!By: Wendy AltonOne common question that is often asked is whether or not Michigan has what is called a “legal separation,” allowing a married couple to legally separate, but still remain married.The simple answer is yes, but the procedure is not so simple. Michigan has a legal action entitled “Separate Maintenance.” An action for “Separate Maintenance” is filed...
Read More!According to a recent study, divorced parents contribute a significant amount less toward college for their children than parents that remain married. The study was discussed in a Washington Post article, and revealed that divorced parents spend nearly 1/3 less on college expenses than married parents. Obviously this is a huge difference and disadvantage to children of divorce. What can you do as...
Read More!Three attorneys at Pear Sperling Eggan & Daniels, P.C. have been awarded the prestigious “Superlawyer” peer review designation.PSED Law is proud to announce that three of its attorneys were voted by their peers onto the 2013 Michigan Superlawyers list. For the year September 2013 – September 2014, Thomas Daniels and Jerold Lax were chosen by their peers as Michigan Superlawy...
Read More!Pear Sperling Eggan & Daniels is proud to announce that Andrew M. Eggan, a partner in the firm’s Ypsilanti office, has been awarded the 2014 Detroit Five Star Estate Planning Professional Award. Metro-Detroit publications Hour Magazine and DBusiness compiled the lists of attorneys based on 10 objective pieces of eligibility requirements and evaluation criteria. The prestigious Five Star...
Read More!Ann Arbor, MI – Four attorneys at Pear Sperling Eggan & Daniels, P.C. have been awarded the prestigious “Superlawyer” peer review designation. PSED Law is proud to announce that four of its attorneys were voted onto the list of Michigan Superlawyers for the 2012 year, which runs from September 2012 – September 2013) by their peers. These four attorneys join Edwin Pear, the long-time mana...
Read More!PSED Law is proud to announce that Jerry Lax has been named to The Best Lawyers list, one of the oldest and most respected annual attorney rankings in the country. The Best Lawyers list was released on November 3, 2014, and recognizes Jerry for his outstanding work in the following practice areas: employment law for both individuals, and businesses; land use and zoning law; and litigation. Jerry ...
Read More!Ann Arbor, MI – Pear Sperling Eggan & Daniels, P.C. has been awarded a Tier 1 ranking in the 2013 Edition of U.S. News – Best Lawyers “Best Law Firms”. The US News rankings feature law firms given consistently impressive performance ratings by clients and peers. Achieving a high ranking is a special distinction that signals a unique combination of excellence and breadth of expertise. The...
Read More!Pear Sperling Eggan & Daniels, P.C. is pleased to announce that Tom Daniels and Jerry Lax were recently named to Michigan Super Lawyers for 2014.The annual Super Lawyers list is compiled by Thomson Reuters. The rigorous multiphase selection process is made up of a nomination stage; an initial evaluation based on indicators of professional achievement; a second evaluation completed by a panel ...
Read More!PSED Law is proud to announce that it has been named to the State Bar of Michigan’s 2014 Circle of Excellence at the Leadership level. The Circle of Excellence recognizes firms that have exhibited a strong commitment to pro bono services in the last year. PSED Law is one of only 22 firms throughout the entire state to be named to the Circle at the Leadership level, the highest possible level w...
Read More!PSED Law was honored as a 2014 Business-Education Honor Roll Partner by the Ann Arbor/Ypsilanti Regional Chamber (A2Y Chamber). The A2Y Chamber, a community organization made up of local businesses, works to connect its members professionally, and to improve the local economy and the quality of life for Ann Arbor & Ypsilanti residents. The Business-Education Honor Roll is an A2Y Chamber program ...
Read More!Pear Sperling Eggan & Daniels, P.C. is pleased to announce that it has been selected by Martindale-Hubbell as a 2014 Top Ranked Law Firm. Only 2,446 law firms have achieved this ranking. Martindale-Hubbell chooses these firms by identifying U.S. law firms of 10 or more attorneys, where at least one-third of the attorneys in the firm achieved the AV Preeminent® Peer Review Rating. These la...
Read More!January 29, 2015Novi, MI – Thomas Daniels presented “Overview of Recent Michigan Supreme Court and Court of Appeals Decisions of Significance to Local Government Management,” at the Michigan Local Government Management Association’s (MLGMA) Winter Institute. The MLGMA’s annual Winter Institute gives MLGMA members the opportunity to network, share ideas, and learn abo...
Read More!By Tom Daniels – In a case of first impression, the Michigan Court of Appeals found that a series of e-mails exchanged between four members of a seven member township parks and recreation commission constituted a violation of the Open Meetings Act (“OMA”). Markel v. Mackley, 11/1/16, 2016 Mich App LEXIS 2004. The OMA requires that all meetings of a public body be open to the public. A meet...
Read More!By Marty Bodnar – To win football games, a team needs to score touchdowns, not kick field goals, when it reaches the “red zone.” Kicking field goals, not scoring touchdowns, between the 20-yard line and the end zone loses football games.A living trust is used to avoid probate court. Avoiding probate saves money and time and allows an estate to be settled privately rather than th...
Read More!PSED is proud to announce that Jerry Lax has once again been named to The Best Lawyers in America list, one of the most highly regarded and widely recognized annual attorney rankings in the country. The Best Lawyers list for 2016 was released to the public on August 17th, recognizing Jerry as one of The Best Lawyers in America in the following 7 practice areas: Employment Law for Individuals and...
Read More!Forbes previously published an article titled “Protecting Your Business In a Divorce: Pre-Nuptial Agreement.” It is an excellent article, but it is also a reminder that prenuptial agreements are useful for more than just protecting a business.Prenuptial agreements are agreements made between couples who are planning on getting married. The agreements will specify what happens with the...
Read More!PSED Law is proud to announce that the firm has been named to the 2015 U.S. News & World Report “Best Law Firms” list. Released on November 3, 2014, the “Best Law Firms” ranking recognizes law firms that demonstrate professional excellence, and consistently receive high ratings from clients and other lawyers. The ranking is based on an evaluation process that includes ...
Read More!By Wendy Alton – A small but important question is always asked of the wife during divorce proceedings: Do you want to keep your married name, or go back to your maiden name? If the attorney fails to ask the wife this question, the Judge may ask the question at the final hearing.Some women have a difficult time making this decision—especially if they have children from their...
Read More!By Jeremy Kennedy – Few things can raise your anxiety levels faster or farther than being sued. The uncertainty of what will happen, the cost of hiring a lawyer, the apprehension of what happens if you lose, and the general unfamiliarity most people have with the legal system can intimidate many people. Because of this intimidation, it is important to know what steps you need to take to protec...
Read More!501(c)(3) Non-Profit Status by Todd Chawansky, Associate Attorney and Rachel A. Hobbs, CLABeing a 501(c)(3) corporation means that organization has received a tax-exempt status from the Internal Revenue Service. In order to obtain tax-exempt status under section 501(c)(3) of the Internal Revenue Code, an organization must demonstrate to the IRS that the funds it receives are ...
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