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 Sage Revocable Trust

Appellants were disinherited by the ultimate testamentary documents. Appellants claimed that by inference Appellant had actual notice of the antecedent amendments and their date. Appellee cited the 6-month statute of limitation.

In Re Duchene Estate

Petitioner – Appellant alleged a multitude of wrongs regarding the affairs, estate plans and administration of inter-vivos and post mortem affairs. Respondent denied same on the basis of law and fact and moved for summary disposition which included limitations of action. Respondent prevailed.

In Re Adams Trust

Appellee asked for attorney fees as trial was approaching. There had been a stay entered as to releasing funds from the instant trust. Same was granted and fees were taken. Appellant had defended saying law of the case emanating from a previous appeal prevented modification of the Temporary Restraining Order; that she was denied due process and the attorney fees were unreasonable.

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 04 – Amanda Afton Martin

In this episode, we sit down with Amanda Afton Martin, a seasoned estate planning attorney whose career has been shaped deeply by her family and a passion for helping others.

Pro Bono With Ed Nahhat Episode 03 – Brian H. Rolfe

In this episode of Pro Bono with Ed Nahhat, we sit down with Brian Rolfe, President and CEO of Kemp Klein Law Firm. Brian shares his journey from joining the firm in 2007 to leading it today, emphasizing the firm’s unique culture and long-standing staff. His commitment to the firm grew over time, leading him to take on leadership responsibilities while maintaining his law practice.

Pro Bono With Ed Nahhat Episode 02 – Alan A. May

In this episode of Pro Bono, we sit down with Alan May, a highly respected attorney and public servant whose decades-long career is marked by dedication to the law, mentorship, and community service.

LEGISLATIVE UPDATES

MICHIGAN REAL ID

On May 7, 2025, Michigan instituted REAL ID. Michigan residents will need to present a REAL ID-compliant document to fly within the United States and enter certain federal facilities to comply with federal law. REAL ID requirements ensure the secure production and issuance of licenses and IDs to prevent copying or altering.

REAL ID Act of 2005 – Public Law 109-13

CORPORATE TRANSPARENCY ACT TIMELINE

The Treasury Department announced that there will be no enforcement of penalties or fines associated with the beneficial ownership information reporting rule for U.S. citizens, domestic reporting companies, or their beneficial owners under the existing regulatory deadlines of the Corporate Transparency Act (“CTA”).

MICHIGAN’S NEW EARNED SICK TIME ACT

Beginning February 21, 2025, Michigan has a new Earned Sick Time Act requiring all Michigan employers to accrue 1 hour of sick time for every 30 hours worked by all employees.

Act 338 of 2018

The Danger of Outdated Buy – Sell Agreements (And How to Fix Them)

Despite its significance, the buy-sell agreement is often treated as a static, one-time formality—executed during the early stages of a business when relationships are amicable, valuations are low, and the future appears linear and predictable. A buy-sell agreement that once reflected the realities of the business can, over time, become outdated, incomplete, or even counterproductive.

The Risks of AI-Generated Contracts: What Business Owners Need to Know

While the AI technology is impressive, the contracts often aren’t. From critical omissions to clauses that create more risk than they manage, these AI-drafted agreements can cause real headaches.

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 Law Firm Has Been Recognized as One of the 2024 Best Places to Work: Law Firms by Bridgetower Media and Best Companies Group

Best Companies Group® publishes its annual list to recognize top performing law firms nationally based on such factors as employee satisfaction, employee benefits, company policies and more. In addition to being named one of the nation’s top firms in 2024, Kemp Klein Law Firm was the only Michigan law firm selected for the honor this year.

24 Kemp Klein Attorneys Have Been Recognized As 2025 Dbusiness Top Lawyers

Kemp Klein has twenty four attorneys who have been selected for inclusion in the DBusiness Magazine 2025 list of Top Lawyers. The research for the Top Lawyers list was created by PRS (Professional Research Services) and is based on an online peer-review survey sent out to the certified lawyers within the metro Detroit area.

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Kemp Klein Ranked in 2025 Best Lawyers® “Best Law Firms”

Firms included in the 2025 Best Law Firms^® list are recognized for professional excellence with persistently impressive ratings from clients and peers. Receiving a tier designation represents an elite status, integrity and reputation that law firms earn among other leading firms and lawyers.

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.