Yes. We see more and more “blended families” (marriages where each spouse has children from a prior relationship). You must take special steps to make sure you take care of each other, but also provide for your children after you are gone (if that’s your goal). This can be quite complicated. For example, what if… Read More »
Posts Categorized: ASK THE LAWYER
Simple Real Estate Transactions?
Question: I hired a real estate agent to sell my house. We got an offer for less than what we owed on the house. We have a first mortgage and a second mortgage. Our real estate agent told us that he would take care of getting approvals from the banks to accept less than the… Read More »
I was in an auto accident. Who pays for my damages?
Question: I was sitting at a red light the other day and I was rear ended. I was hit pretty hard, there was a lot of damage to my car, and I injured my back and neck. My insurance company is giving me a lot of grief about paying for my damages. I thought this… Read More »
Can I get charged with domestic violence against my brother?
Question: Over the weekend my brother and I got into an argument that turned physical. We must have been pretty loud because our neighbor called the police. I am being charged with domestic violence! This has to be a mistake, right? Isn’t domestic violence between a husband and wife? Answer: Domestic violence is commonly thought… Read More »
What is included in Child Support?
Question: I pay about $3,000 in child support each month and my oldest just started college. I pay $1,000 per month to the school toward tuition and room and board. Can I deduct this payment from the child support and pay only $2000? Answer: In Michigan the answer is no in most cases. Because the… Read More »
My father is 81 and was diagnosed with dementia/Alzheimer’s. He is still okay but I can tell his memory is starting to get worse. My mother also has health issues and can take care of him now, but I can see a time in the near future where she won’t be able to take care of him 24/7. Is there any special planning they need to do?
Yes, you should make sure both your parents have a written estate plan in place that covers incapacity and transfer of their assets after they are gone. This is generally going to be a Durable Power of Attorney (for handling finances), a Patient Advocate Designation (for carrying out medical wishes), and a Will or Living… Read More »
I am a looking to buy some property with a friend of mine as an investment. The seller tells me that his Real Estate Agent and the Title Company will handle all of the paperwork. Do I need a lawyer of my own or can I just use their documents?
The simple answer is, YOU NEED YOUR OWN LAWYER! Many people rely on Real Estate Agents to handle complicated legal issues regarding the sale and purchase of real estate. Remember, the Real Estate Agent works for the Seller, not you. The single most important document in any real estate transaction is the Purchase Agreement. This… Read More »
I was hurt in an auto accident about a year ago. My auto insurance company paid some of my medical bills but did not pay others, saying that they were not related to the accident. I know that all of the bills were related to the auto accident. What should I do?
You should contact an attorney immediately as you will probably need to file a lawsuit as soon as possible to protect your rights. Under the no-fault act, there is a one year statute of limitation, and, more importantly in your case, something known as the one year back rule. If you notified your insurance company… Read More »
Should I hire an attorney, even if I may be guilty?
Question: My son was arrested for drunk driving. I think he should hire an attorney, but he told me he just wants to go to court and take responsibility for his actions. Am I sending him the wrong message by encouraging him to hire an attorney? Answer: No. You are not sending your son the… Read More »
I would like to leave my grandson some money in my Will, but he has a disability and I worry that it may affect the benefits he receives from the government.
You must plan very carefully in this situation because an inheritance may disqualify your grandson from receiving benefits. Many government programs are “needs based”, which means they count all assets in deciding whether a person qualifies. You may have heard of a “Special Needs Trust” (sometimes called a “Supplemental Needs Trust”). It is a special… Read More »