Individuals in Michigan seeking to protect assets from creditors no longer have to transfer their assets to Delaware, Nevada or Alaska.  Effective February 5, 2017, the Qualified Dispositions in Trust Act, Domestic Asset Protection Trusts, Public Act 330 of 2016, will allow the owner of trust assets to retain and protect his or her assets from creditors, while still retaining the power to direct investment decisions, the power to veto […]

We are pleased to announce that Norman E. Richards (Gene) has joined our Livonia office as a partner.  Gene primarily focuses his practice on elder law and estate planning. Drawing on 20 years of experience, his mission is to help clients safely navigate life’s transitions through the skillful, practical, and compassionate application of comprehensive elder law and estate planning services. As an elder law attorney, Gene guides senior clients in […]

Estate planning is a continuous process and estate plan documents should be reviewed at least every decade and upon any major changes in lifestyle or family structure. A basic estate plan includes a Will, a Medical Power of Attorney, and a Durable General Power of Attorney for financial matters. A Will addresses the distribution of assets, paying debts and taxes, and providing guardians and conservators for any minor children. A […]

Many high income earners believe that they cannot contribute to a Roth IRA.  This is because they are unaware of the loophole they can use by contributing through the backdoor. The income limitations imposed by the Internal Revenue Service create the perceived barrier.  For 2016, the income and contribution limits for a Roth IRA are as follows: Filing Status Modified Adjusted Gross Income Contribution Limit Married, Filing Jointly <$184,000 Up […]

As a new year is upon us, we reflect back on 2015 and the successful year we had at CMDA. We recognized a monumental milestone, hired several attorneys, and celebrated some remarkable anniversaries. CMDA was honored to have celebrated our 50th Anniversary in 2015. This monumental anniversary would not have been possible without Owen Cummings, the founder of the Firm.  Mr. Cummings had a vision of developing a Firm whose […]

We have all heard the probate horror stories. Someone’s last will and testament took five years to be probated, generating hundreds of thousands of dollars in attorneys’ fees. All of the assets from someone else’s estate were stolen by the personal representative (executor), leaving the family with nothing. The probate judge was unfair. Such stories instill fear about probate administration, which can lead to estate planning decisions with unintended consequences. […]

Elder law is a fairly new and growing area of the law and focuses on the legal issues that come with aging. Some of the most common legal questions that arise are in regard to Medicaid nursing home planning, guardianships, and conservatorships. Medicaid Nursing Home Planning One of the most difficult decisions many families face is whether to put a loved one in a nursing home. Family members try to […]

We have all heard the probate horror stories. A Will took five years to be probated, generating hundreds of thousands of dollars in attorneys’ fees. All of the assets from someone else’s estate were stolen by the personal representative (executor), leaving the family with nothing. The probate judge was unfair. Such stories instill fear about probate administration, which can lead to estate planning decisions with unintended consequences. The following is a listof the top ten […]

In the past, articles have been written on the importance of having an estate plan in place. Going a little deeper, this article concentrates on how to correctly and appropriately handle those unique elder law situations that may arise. Elder law is different than traditional estate planning in the sense that elder law does not focus on death and taxes. It focuses, rather, on those times when family members need […]