Michigan Estate Planning & Elder Law Blog | Elder Law & Articles | Foster Swift

Does a New Trust Override an Old Will?

Jonathan J. David — Mon, 15 Sep 2025 09:00:01 -0400

Dear Jonathan: I recently prepared a trust that includes very specific provisions regarding the beneficiaries that I want to receive certain assets when I die. Does my trust override who I named as my beneficiaries in the will I prepared several years ago and the beneficiary that I named to receive the proceeds from my life insurance policy and inherit my retirement accounts?

Jonathan: No, and your question is a very good one. Beneficiaries can be named in a will, a trust or pursuant to a beneficiary designation. Failure to properly coordinate the naming of your beneficiaries in those ...

Aging in Place: Michigan Cities Creating Age-Friendly Communities

Mon, 14 Apr 2025 09:00:02 -0400

Michiganders 65 and older represent one of the state’s fastest growing age groups. Free fitness memberships for residents 60 and over to its 12 recreation centers is just one way Detroit is working to improve the quality of life for older adults.

Protecting Same-Sex Marriage Assets in Michigan If Obergefell is Ever Overturned

Gabrielle C. Lawrence — Thu, 06 Mar 2025 09:00:03 -0500

When the Supreme Court made its landmark decision in Obergefell v. Hodges in 2015, same-sex couples across the country gained the right to marry. But with recent shifts in the legal landscape, such as the overturning of Roe v. Wade, some are wondering if Obergefell could be next. While there is no such case on the docket as of now, it’s always a good idea to be prepared—especially when it comes to your legal rights and finances.

Legal-Ease: What Happens to Assets If I Do No Estate Planning at All?

Jonathan J. David — Thu, 06 Feb 2025 09:00:04 -0500

Dear Jonathan: Based on my research, I feel like I’m pretty well versed in what I am supposed to do when it comes to creating an estate plan for myself. Everything I have read says that I should have a will, powers of attorney and a trust. What I would like to know, however, is what happens when I die if I don’t do any estate planning?

Legal-Ease: Common Questions Surrounding Durable Powers of Attorney

Jonathan J. David — Thu, 19 Dec 2024 09:00:05 -0500

Dear Jonathan: Can you please explain what the difference is between a financial durable power of attorney and a health care durable power of attorney.

Holiday Talks: Essential Estate Planning and Tech Safety for Aging Family Members

Matthew S. Fedor, Lindsey M. Mead — Fri, 13 Dec 2024 09:00:06 -0500

Now is a busy time for businesses as they wrap things up before year-end. But the holiday season can be stressful for a different reason when the owner or some of the employees are responsible for the care of aging family members on top of working full-time.

Legal-Ease: Are There Ways to Avoid Probate After Death?

Jonathan J. David — Tue, 15 Oct 2024 09:00:07 -0400

Dear Jonathan: I just completed the probate of my late brother’s will. I was the personal representative he appointed to act on behalf of his estate. This was not a pleasant experience and in fact, was quite the opposite and made me realize that I don’t want to put my family through anything like this at my death. My wife and I don’t have a large estate, but we want to make sure that everything we own goes to the survivor of the two us and then to our kids without first having to go through probate. What do you recommend we do to avoid probate at either of our deaths?

Legal-Ease: What Happens When You Are Sole Beneficiary of a Trust?

Jonathan J. David — Mon, 09 Sep 2024 09:00:08 -0400

Dear Jonathan: My mother, who recently passed away, prepared a trust naming me as her sole beneficiary. She intentionally disinherited my brother due to a falling out they had years ago. Although he knows that he has been disinherited, I am uncomfortable getting my mom’s entire estate and would like to provide for him somehow.

Digital Dupe: How to Protect Against Identity Theft After Death

Jonathan J. David, Lisa Gallagher (Summer Associate) — Wed, 07 Aug 2024 09:00:09 -0400

In the digital age, identity theft has taken on new and sinister forms, extending beyond the living to the deceased. When a loved one passes away, their identity doesn’t simply vanish; it lingers in both the digital realm and on paper, presenting opportunities for fraudulent activity.

Legal-Ease: What Happens to a Family Member's Bank Account After Death?

Jonathan J. David — Tue, 09 Jul 2024 09:00:10 -0400

Dear Jonathan: My father, a widower, passed away a couple of months ago. Being his only child, he appointed me as his agent on his durable power of attorney so that I can handle his bill paying which I have been doing for the past two years.