By Brittgrymko at Citysearch October 24, 2011
DUDLEY & PANEK, P.C. - of East Lansing Mi. are the most worthless Attorneys ever, They have no clue what they are doing, their shady non-professionals. .\t\nI had them work on my case for over a yr just to drop us at the last minute. ...read more
By howard October 20, 2011
I asked Richard to review some retirement documents before I signed them and to contact the employer if necessary to clarify any questions. He called me back and said he didn't undersatnd the documents and that I should call the employer and then charged me $190.00. I wrote to Cynthia with my payment and asked her to contact me. My check was cashed and I never got a call. I felt swindled by this whole debacle. ...read more
By jbld at Citysearch March 31, 2010
Would have done better on my own. Arguments he made for my case were in NO way helpful towards it. Did not bring up key issues as asked. I really feel robbed of my money!!!!! I think I would have won my case without him, that he is a reason I lost my case!! Did not submit my evidence, did not file paperwork on time to the courts! I really feel like he helped the other side more then anything! ...read more
An Estate Plan is important so that you, and not the Court, control your estate and the distribution of your assets upon death. A proper Estate Plan can provide you with asset management, avoidance of probate, protection of children from a prior marriage, potentially large Federal Estate tax savings, appointment of a Guardian for your minor children, and privacy of your affairs. Estate Planning is especially important in second marriages where there are children from a first marriage, so that children are not inadvertently disinherited. The following are frequently asked questions about Estate Planning: 1. What is Probate? Probate is the legal process by which title passes upon death when there is no other way to pass title. For example, a joint asset (such as real estate or bank accounts) passes to the surviving joint owner. Thus, Probate is not necessary. Also life insurance, annuities, or some retirement benefits pass direct to a named beneficiary, and thus Probate is not necessary. However, solely owned assets must be probated in order to have a Personal Representative sign over title or ownership to the person entitled to receive that asset. 2. What is so bad about Probate? It can be expensive. Legal costs and administrative fees must be paid by your estate. If you own property in other states, your family could face multiple probate proceedings. Even though Michigan has simplified probate process, it still usually takes time to complete the process; usually six to twelve months, maybe longer. While probate is pending, the assets are not free for distribution without court order. If your family needs money to live on, they must request a living allowance, which is granted at the discretion of the Judge. Probate is a public process, so any "interested party" can see what you owned and who you owed. Thus there is a lack of privacy. Disgruntled heirs may contest your will. Your family has little control over the process. 3. Does a Will avoid Probate? No, even with a Will, Probate may still be necessary. The factors that control whether or not probate is necessary have to do with how title is held and/or how the asset is passed upon death. The Will only directs how the assets subject to probate are distributed and to whom. 4. Does a Will avoid taxes?No. A Will by itself does not avoid taxes. Your estate must pay an inventory fee based upon the value of your estate. 5. Why then is a Will important?Wills are the most common way for people to state their preferences about how their estates should be handled after their deaths. Many people use their Wills to distribute their property differently than how the State would require the property to be distributed if a person died without a Will. Wills are especially important if there are second marriages, disinherited heirs, instructions about care of minor children, gifts to charity, or if there is to be an uneven distribution of property upon death. A Will also allows the person drafting the Will to some control after death, by naming the Personal Representative and Guardian in the Will. While most people do not like to contemplate their mortality, many people find that great peace of mind results from putting their affairs in order. 6. What happens if I die without a Will? The judge will appoint someone to be the Personal Representative of your assets; your estate will be distributed to your heirs at law; and the court may appoint a Guardian of your children, or a Conservator of their estate, if they are minors. 7. What are the advantages of Trust?A trust is a legal entity that owns and manages assets for the grantor, or beneficiary. It is a mechanism that transfers title upon death without the need for probate. Thus, you can avoid probate with a properly funded trust. A trust can also provide for you as granter if you are disabled. Upon your death the trust can provide continued management for your beneficiaries, including children and spouses, until an age determined by you to be appropriate for an outright distribution, if at all. A trust can provide for a disabled person to protect their governmental benefits. Trusts also provide privacy of your affairs. 8. Will I lose control of my assets if they go in a Trust?No. As grantor, you name yourself as both Trustee and Beneficiary so that you have complete control of your assets while you are alive and able to manage your financial affairs. 9. Will I avoid taxes with a Trust?If your estate is currently over $2,000,000.00 and you are married, then by creating credit shelter trusts you can avoid significant Federal Estate Taxes. 10. Are there disadvantages of having a Trust?Not really. You must, however be careful in how you draft the trust and how you fund it to maximize your goals in creating the trust in the first place. 11. Should I hire an Estate Planning Attorney? An Estate Planning Attorney could be vital so that you, and not the Court, control your estate and the distribution of your assets upon death. An experienced Estate Planning Lawyer like, Michigan Estate Planning Attorney Cindy Harmon, can help guide you through this important process. There can, however, be disadvantages as to how you fund the trust. Having assets in your trust may help you avoid probate, but might present other problems. For example, you might not want a trust to own an IRA or retirement plan as there may be undesirable income tax consequences. Also you may not want a trust to own your primary residence, as there may be Medicaid ineligibility issues. The trust itself is still beneficial, but you will want to obtain legal advice about funding. Drafting the trust document itself is not enough; making sure that you properly fund the trust is crucial. For more detailed Estate Planning information, contact us today at 517-337-4600. ...read more
By Foster & Harmon P.C. July 07, 2010
In these trying economic times, a costlydivorcemay not be possible or desirable. Hiring twoMichigan divorce attorneysto battle band and forth can quickly deplete your marital estate, leaving very little for you or your children after the dust settles. With the decline in theMichiganeconomy, many couples have lost money in their home and retirement plans, usually the two largestassets of the marriage. Spending more to argue over debt simply defies logic and no matter how much you spend on adivorce attorney, the courts cannot provide financial compensation for a bad marriage. East Lansing Mediation Attorneysat Foster and Harmon P.C. can help with ourMediation Attorney Services! The Adversarial Process Adivorceis handled as part of our legal adversary process. By design, the process pits one side against the other. In general,Divorce Attorneysare trained to be advocates, to "win" the case and "defeat" the other side. The tactics that are used to obtain those results in a divorce are expensive and destructive. Divorce attorneysuse a process called "discovery" to prepare their case for trial, which givesattorneysthe tools with which to attack the opponent and to gain psychological as well as legal advantage. Depositions (examinations before trial) of friends, family and business associates, production of tons of documents, scrutinizing personal activities, and evaluation and criticism of each spouse's role as parent, are all part of the tactics used to "win" the case. The theory is that the decision-maker (the judge) has the benefit of the most persuasive argument from each side and the attack by cross-examination reveals the weaknesses of each side's position. Though this maybe an effective way to make decisions in commercial andcriminal cases, it certainly is not appropriate for the troubled family. It pits husband against wife, mother against father and hostility escalates. No one wins! When you add thedivorce out of pocket costs,divorcefiling fees,divorce case witness subpoenas,divorce court reporter feesanddivorce transcripts fees, thecost of the divorce case litigationoften exceeds the amount in controversy and wastes hard earned marital assets. Even if you are not preparing to go to trial, communicating back and forth through yourdivorce lawyersin an attempt to settle the case, results in a significant cost in time and money, and even in such case, each attorney is representing his or her client's interests in trying to get the best outcome for them. Eventually both sides usually end up going tomediationanyway, in an attempt to settle the case days before they are scheduled to go before the judge for trial, resulting often times in the parties feeling "pressured" intoaccepting a settlement. For many divorcing couples,mediation has become a practical alternativeto the financial and emotional costs of traditional adversarial legal representation. Mediation provides the opportunity to find fair and realistic solutions to the economic and practical issues facing the family. The earlier in the processmediationis used, the more likely a couple is able to avoid the destructive nature of traditional litigation. Mediationis based on the premise that the people gettingdivorcedare in the best position to make decisions that will have long-term personal and financial consequences on their lives, rather than allowing a judge to make those decisions, who does not know your family, nor is vested in the outcome of your case. Benefits of Mediation Make your own decisions Private and confidential Facilitates long-term communication Promotes cooperation and consensus Benefits children by reducing conflict Agreements are tailored to participants' needs. It saves time and money If you are going through aseparation or divorce, the process can be pretty confusing and stressful. When trust has broken down, it helps tremendously to work with a neutral facilitator, or mediator, who can take you through the issues one by one, looking at options. Inmediation, we look for choices that might satisfy everyone's needs. Even if there is tension and anger,mediation can assist youin planning a future that meets your children's needs and yours. Divorce mediationis a voluntary process where divorcing couples work together with atrained mediatorto negotiate and resolve their differences in a non-adversarial divorce process. Divorce mediators can helpyou and your spouse reach an agreement on all issues including property distribution, alimony, child issues, (custody, shared parenting, child support, etc.). The agreement results in an "uncontested divorce." Divorce Mediation is less expensiveand less emotionally destructive. Mediated divorces have a higher rate of satisfaction and long-range cooperation, and a lower frequency of costly returns to court. However, to be able to successfully mediate, both sides must be willing to participate meaningfully in the mediation process. That means both sides must openly disclose and exchange information about assets, debts and other information necessary to come to a complete resolution. Both sides must be willing to also consider the needs of the other party and be willing to compromise on some of their own issues. The process focuses on the future, rather than the past. For more information on using mediation as an alternative to divorce, please contact the East Lansing Mediation Law Firm of Foster and Harmon P.C. for a free initial telephone conversation at 517-337-4600. Our East Lansing Mediation Attorneys are available evenings and weekends if needed. Please contact us for more information, including the fees for this service. Michigan Mediation Attorneys at Foster and Harmon P.C. have many years of experience dealing with mediation and family law. ...read more
By Foster & Harmon P.C. July 07, 2010
Getting a divorce is never a pleasant experience. The cost of attorneys and court fees adds to the stress of the divorce. If both parties are in agreement with no party contesting any part of the divorce, you can file for a DYI uncontested divorce. ...read more
International divorce law can be complicated because national divorce laws vary from one another. If the couple is from different countries, one country's divorce laws may have jurisdiction over the couple in regards to the division of property and custody of children. ...read more