INSIGHTS

PERSPECTIVES FROM THE CEO

An Agile Law Firm

Achieving business agility in a law firm requires swift adaptation to evolving legal environments, client requirements, and technological advancements.

The Role of Technology

Clients often ask about our firm’s perspective on technology and its role in our operations. I firmly believe that technology plays a crucial role in optimizing performance.

Kemp Klein’s Core Values

A company’s core values are the standards that guide its business. Creating our core values was an instructive and reflective process for our firm. I urge leadership teams to develop a similar document to coalesce their values.

PROBATE LAW CASE SUMMARIES

In Re Jaye Trust

The parties litigated the issue of what if any fees should be paid for establishing a conservatorship and by whom or what. The parties entered into a stipulated order stating that the trust of the ward of conservatorship shall pay the fees. Then the Court entered a new order directing the parties to submit documentation as to how the entities were benefitted.

In Re Malloy Guardianship and In Re Jenkins Guardianship

This Michigan Supreme Court case emanates out of a request for payment to a guardian by an insurance company for services rendered by employees of guardian who is determined to be a professional guardian.

In Re Soble Revocable Trust

Appellant and Appellee, son of deceased and spouse were co-fiduciaries of dad’s trust. Spouse disclaimed her right to principal, not income. At the pertinent time, son administered the trust, including accounting without concurrence by mom, co-trustee.

NEAL NUSHOLTZ TAX LAW ARTICLES

Is a Restriction in a Partnership Valid When It Conflicts with a Right of Inheritance?

Partnership agreements routinely restrict the assignment of ownership interests unless the remaining partners consent to the transfer. Many of those Partnership transfer clauses allow for transfer without consent if the assignment is to a family member or acquisition is through the right of inheritance.

IRS’s Heavy Oversight of Tax Preparers Creates Chilling Effect

IRS intrusiveness into the professional practices of tax preparers has grown steadily in the past decade. This has created a chilling effect on the tax industry.

How to Add Two Paragraphs to Your General Powers of Attorney So You Can Cure Defects in Your Form 2848 and Represent Clients Before the Internal Revenue Service

An IRS Form 2848 authorizes an individual to represent a taxpayer. According to the IRS instructions for Form 2848, Form 2848 is used to authorize a representative to perform all acts that a taxpayer can perform with respect to matters described in the power of attorney.

THE KEMP KLEIN PODCAST

Pro Bono With Ed Nahhat Episode 01 – Joseph P. Buttiglieri

We were thrilled to speak with Kemp Klein’s Joe Buttiglieri, an esteemed lawyer with an impressive 48 years of legal experience. Our conversation spanned various aspects of Joe’s career, his approach to law, and the significant changes he’s witnessed in the legal profession.

LEGISLATIVE UPDATES

CORPORATE TRANSPARENCY ACT COMPLIANCE

The new federal regulation is now in effect as of January 1, 2024, known as the Corporate Transparency Act (the “CTA”). This mandatory reporting regulation will very likely impact you and your company(ies). The goal of the CTA is to prevent money laundering and financially-related criminal activity.

§§ 6401-6403

FTC TRADE COMMISSION FINAL RULE BANNING NON-COMPETE AGREEMENTS

The Federal Trade Commission (FTC) Final Rule was published April 23, 2024. The Federal Trade Commission Final Rule bans non-compete agreements in the employment context. The final rule bans new noncompetes with all workers, including senior executives after the effective date.

RIN 3084-AB74

Corporate Transparency Act Information

A new federal regulation has gone into effect on January 1, 2024, known as the Corporate Transparency Act (the “CTA”). This mandatory reporting regulation likely impacts you and your company(ies).

Digital Legacies: A Modern Necessity in a Digital World

Have you ever wondered what will happen to your accounts and photos when you pass away? How will loved ones communicate about your passing, access photos of you, or wrap up unfinished business?

What Happens to Your Monthly Income If You Go Into A Nursing Home?

Unfortunately, we face an increasing risk of spending some part of our lives living in a nursing home. What most of us don’t know is what happens to one’s monthly Social Security and pension checks once the person uses up all of his or her assets.

Kemp Klein Attorney Brian Jenney to Present at Wayne County Probate Bar Assocation Annual Meeting

Brian Jenney will be discussing Michigan’s recent adoption of the Uniform Power of Attorney Act (UPOAA), along with threshold changes to MCL 700,5102, regarding funds delivered to a minor.

Kemp Klein Law Firm Welcomes Senior Attorney Matthew W. Frank

Matthew joins as a Senior Attorney and will play a key role in various practice groups including business and corporate planning; bankruptcy insolvency, creditor’s rights; commercial real estate, mortgage financing; mergers and acquisitions; commercial litigation, appellate, and family business practice planning.

Kemp Klein Ranked in 2024 Best Lawyers® “Best Law Firms”

Firms included in the 2024 Best Law Firms^® list are recognized for professional excellence with persistently impressive ratings from clients and peers. To be considered for this milestone achievement.

CLIENT SUCCESS STORIES

Buttiglieri and Zawideh Successful in $4.2 Million Settlement Over Will Dispute

Kemp Klein Attorneys Joseph P. Buttiglieri and Robert S. Zawideh successfully represented the the plaintiffs in a case in which they were disinherited. After hotly contested litigation, all the parties agreed to a 60/40 split of the estate, with the 40% group (who weren’t in the final will).

Rolfe and Callahan Save Client Over $800,000

A new client recently came to Kemp Klein with the intention of updating their estate plan following the passing of a spouse. However, in the process of reviewing the client’s trust accounts, attorneys Brian Rolfe and Casey Callahan discovered a technical error in the retirement account beneficiary designations made by a previous financial advisor.

Zawideh Successfully Defends Son’s $2.1 Million Inheritance

After the father’s passing, the daughter, using a Durable Power of Attorney filed suit on behalf of her mother against Mr. Zawideh’s client, another son, and their company, seeking recovery of over $4.85 million.