Pastor’s Family Feud Continues After Death

Most people hear the word “probate” and they cringe.  To avoid that sinking feeling of what to do when a loved one passes away, many people seek estate planning attorneys to complete a will or trust to prevent the need for a family to fight about a deceased’s possessions in Court.  While a good estate plan can prevent a probate fight, if they are not done properly, they can create an even larger family feud in Probate Court.

Highlighting this fact is the case of prominent national pastor Bishop William Bonner.  His family has filed a case in the Wayne County Probate Court challenging the administration of the Bishop’s will.  The family claims are summarized in the Detroit News Article that can be read at http://www.detroitnews.com/story/news/local/detroit-city/2016/01/26/bishop-family-battles-church-estate/79378916/.

Ultimately, the lesson here is, if you don’t have an estate plan, think there are issues with your estate plan, or if things have changed since you dusted it off five or ten years ago, you should talk with an estate planning attorney. 

If you believe that you have been wrongfully left out of a family member’s will, or you suspect problems with an issue, you may have a case.  In those instances, you need to contact a real probate litigator, rather than simply an estate planner.  At FausoneBohn, LLP we have experts who specialize in both.  If you have an estate planning issue, or believe that you may need to go to Court to right a wrong with a loved one’s estate plan, give us a call.

Your Durable Power of Attorney May Not be Valid for Long

Wendy Alton

On May 23, 2012, the Governor of Michigan signed a new law pertaining to Durable Powers of Attorney.  The new law, Public Act 141 of 2012, lists new requirements for Durable Powers of Attorney, which become effective for all Durable Powers of Attorney signed after September 30, 2012.

A Durable Power of Attorney is a legal document that designates an agent who can act on your behalf for all of your financial transactions.  Most of the time Durable Powers of Attorney are effective only upon someone’s disability.

The new law requires that two witnesses sign the Durable Power of Attorney, or that it is notarized, or both.  Further, the Durable Power of Attorney is now not effective unless the designated agent signs an acceptance of designation that sets forth all of their duties.  This is the most significant change in the law.

While the law is only prospective and has no legal effect on Durable Powers of Attorney signed before October 1, 2012, it is highly probable that the banks will begin to refuse to honor any Durable Powers of Attorney that do not comply with the new requirements.  It is a good idea to have an attorney look at your Durable Power of Attorney or revise it to comply with the new law, thus eliminating any potential problem in the future.

You can read the new law here: 

http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0141.pdf

If you are interested in learning more about powers of attorney, estate planning, probate, family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Should You Draft Your Own Will?

A recent article in US News & World Report states that there is an increase of people handling their own estate planning by drafting their own Wills. There are a number of online resources to do this, and some people assume that by doing this online themselves, they will save themselves hundreds or thousands of dollars?
Is this actually a good, sound practice? Should people, with little or no knowledge of the law, draft their own Wills?

There are numerous problems that can arise when one takes on the task of drafting their own Will. First, each state’s law is different, and there are different legal terms and requirements for an authentic Will in each state. These requirements are not easily learned online. Second, if a mistake is made, or if a person drafts a Will without understanding the full effect of its language, there will be thousands of dollars spent fixing it afterwards. Third, and worse, you may draft your own Will and it may legally distribute your property exactly opposite of how you intended.

We have seen numerous tragic cases where people have either drafted Wills themselves, or used online tools to draft them, and in the end, the Wills have been declared invalid, or worse yet, they have transferred assets contrary to the person’s true intention.

Don’t take the risk of drafting your own Estate plan. At Fausone Bohn, we have attorneys who will provide a free consultation, and discuss a range of choices, options, and plans. Our estate planning is often conducted on a flat-fee basis, and the rates are affordable.

Let an attorney, who is skilled in the law, help you fully think through and understand what choices you have, and let them help you pick the best options for you. It is worth the peace of mind that you will receive when you know that your estate plan is drafted exactly how you want it.

You can read the US News & World Report article here: The Dangers of DIY Estate Planning

If you are interested in learning more about Wills, Powers of Attorney, Trusts, Probate or Patient Advocate Designations, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Lessons From Gary Coleman's Estate

Who has the authority to make funeral and burial arrangements for the recently deceased Gary Coleman? His parents or his ex-wife who had medical power of attorney?

Neither.

A 1999 Will was recently found, and in this Will, Gary Coleman nominated his former manager, Dion Mail, as the Executor of his probate estate, which means that he, as executor, also has the authority to make funeral and burial arrangements.

People often think that if they have a power of attorney in place, or a medical power of attorney, then that person is the one who is responsible for making burial and funeral arrangements. Some people even believe that the spouse or parents have the right to do so in any circumstances. However, it is the Executor, or the Personal Representative of the Estate that has the authority to make the funeral and burial arrangements. The Executor or Personal Representative is nominated in a person’s Will.

It is extremely important to make sure that your Will is up to date, and nominates the right person for the position of Executor or Personal Representative. It is advisable to frequently review your Will to make sure that you keep your nominations and wishes up to date.

We will never know if Gary Coleman still intended to make his former manager the person responsible for making the funeral and burial arrangements. What we don know is that he nominated him to do just that in a Will drafted in 1999. With no other revisions to that Will or new Wills, that is the decision that stands, and that is the decision the Court’s will enforce.

If you are interested in learning more about probate, or want to discuss drafting a Will or Trust, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Gary Coleman Funeral Fight