INSIGHTS

Resolving Conflict Outside of Court

The high cost of litigation and number of cases flooding the courts have many judges and attorneys using alternative dispute resolution (ADR) to significantly cut costs and improve the efficiency of the court system. Clients whose cases qualify for this process often find it simpler and easier than facing off in the courtroom.

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.

Register Now – 2023 Kemp Klein Charity Golf Outing

On August 28, 2023, The Kemp Klein Foundation will host its 2nd Annual Charity Golf Outing at Boulder Pointe Golf Club in Oxford, Michigan. Proceeds will benefit SAY Detroit.

Kemp Klein Donates No-Sew Blankets to Common Ground

The attorneys and staff of Kemp Klein have come together to craft hand-tied fleece blankets for Common Ground’s clients. This is the fourth blanket making event that Kemp Klein has held.

Eighteen Kemp Klein Attorneys Recognized by U.S. News Best Lawyers in America

Eighteen of the firm’s lawyers have been included in the 2023 edition of U.S. News – Best Lawyers^® in America in a variety of different practice areas. These attorneys are recognized for professional excellence with impressive ratings from clients and peers.

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.

PROBATE LAW CASE SUMMARIES

In Re JLD Living Trust

Distributees of trust one sought to have the lower Court prevent a finding of validity of trust two, as grantor had a guardian and conservator. Evidence was introduced of a mild cognitive disorder. Grantor objected to the guardianship and conservatorship.

In Re Estate of Piippo

Appellant wanted the real estate for less than Appellee sought from the market. Upon obtaining an offer, he offered the real estate to Appellant at the same price; she failed to meet the price.

In Re Weiser Revocable Trust

Appellant challenged a testamentary document claiming it to be the product of undue influence. Appellant asked for a copy of the trust that they were about to challenge. The lower Court set a hearing as to whether they should have a copy of the trust.

NEAL NUSHOLTZ TAX LAW ARTICLES

In Re Schaddelee Irrevocable Trust: Is a Trust a Contract and What If It Is?

Typically, in estate planning trusts, the settlor and the trustee are the same person. Having only one person involved in the creation of a trust prevents an essential element of a contract — a meeting of the minds (aggretatio mentium). Many state cases have held that a “party cannot contract with himself.” In, Michigan, for example, operating agreements for one person LLC’s, are allowed.

Standing to Contest a Subsequent Testamentary Document

Does a trustee have standing to challenge a change to a trust of which he or she is the trustee? Alan May once represented a trustee in a matter where the trustee was named as trustee in an antecedent trust and the subsequent restated trust only made one change. It named a new trustee.

An Explanation as to Why Having Powers of Withdrawal as an Alternative to Distributions Should be Included in Your Trust Repair Toolkit

Powers of withdrawal as an alternative to distributions can be used to save income taxes, capital gains taxes, estate taxes and generation skipping transfer taxes.