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

Legal-Ease: Do I need to prepare a will after my spouse dies?

Jonathan J. David — Mon, 15 Jun 2026 09:00:01 -0400

DEAR JONATHAN: My husband passed away six months ago. We didn’t have much but everything we had we held in joint names. Consequently, upon the advice of a family member, we never bothered to prepare wills because we were told that the survivor of the two of us would own everything, so there was no need to have a will. Now that my husband is gone, do you recommend that I now have a will?

JONATHAN: I am very sorry for your loss.

Following your family member’s advice, while technically correct, could have been disastrous for you and your husband if you had both died in a common accident or if you had ...

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

Gabrielle C. Lawrence — Thu, 06 Mar 2025 09:00:02 -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 09:00:03 -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 09:00:04 -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.

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

Jonathan J. David — Tue, 09 Jul 2024 09:00:05 -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.

Legal-Ease: Steps for When a Loved One Passes Away - Part Two

Jonathan J. David — Mon, 20 May 2024 09:00:06 -0400

This is the second of three articles addressing the topic of what needs to be done when a spouse or loved one passes away. My last article addressed the immediate things that need to be done prior to the decedent’s funeral. This article and my third article address those things that don’t typically need to be done until after the decedent’s funeral. If the funeral is delayed, however, there should be no similar delay in addressing the matters that need to be addressed.

Legal-Ease: Steps for When a Loved One Passes Away - Part One

Jonathan J. David — Mon, 13 May 2024 09:00:07 -0400

Dear Jonathan: Can you provide a general summary of what needs to be done when a person’s spouse or loved one passes away?

Legal-Ease: What is the Downside of DIY Estate Planning?

Jonathan J. David — Mon, 06 May 2024 09:00:08 -0400

Dear Jonathan: I am thinking about preparing my own estate planning documents, including a will, powers of attorney and a trust. A close friend of mine just went through this process and it cost her thousands of dollars and I really don’t want to spend that much money on attorney fees. I think I can figure it out by doing a little research and finding samples on the internet. I know this is your business and you probably don’t think do-it-yourself estate planning is a good idea but what is the downside of my trying to do this on my own?

Legal-Ease: What are my Responsibilities as Fiduciary of an Estate?

Jonathan J. David — Wed, 01 May 2024 09:00:09 -0400

Dear Jonathan: My parents just updated their estate plan and told me that they named me in their wills, their trust and their financial and health care durable powers of attorney to act for them when they can no longer act for themselves. I am more than happy to help them, but I would like to know what my responsibilities are when acting in these various roles. When I asked them if they could explain what my duties would be they were not sure how to respond. Can you help?

Parents: The Three Essential Legal Documents Your Child Should Have Before Leaving For College

Jonathan J. David — Mon, 18 Jul 2022 09:00:10 -0400

In Michigan, the age of majority is 18 years. This means that when a person turns age 18, they are no longer a minor and are considered to be a legal adult. Consequently when your child turns 18, you no longer have the legal authority to make decisions for him or her, including financial and health care decisions.

Importance of Durable Powers of Attorney

Jonathan J. David — Fri, 06 May 2022 09:00:11 -0400

When people decide to engage in estate planning, typically they focus on naming the beneficiaries of their estate and making sure their estate avoids probate when they pass away. In most cases, these concerns are addressed by the preparation of a will, a living trust and certain probate avoidance documents. Those standard documents are an important part of the overall estate planning process, however, durable powers of attorney for financial matters and health care are just as important for other reasons. In fact, regardless of whether they have an estate plan, every adult should have these two durable powers of attorney.

Survivor's Checklist: What to do When a Loved One Passes Away

Jonathan J. David — Wed, 02 Mar 2022 09:00:12 -0500

When someone dies there are many important things that need to be addressed by the survivor or survivors, and some of those things that need to be addressed are time sensitive.

Power of Attorney: Who Needs One?

Thu, 28 Feb 2019 09:00:13 -0500

You may have heard the term 'Power of Attorney' being used before, perhaps by your doctor or a close family member. That person likely emphasized how important having one is. You also may be asking yourself, do I really need one? The answer is yes.

Tips for Avoiding Conflict with Family

Tue, 23 Oct 2018 09:00:14 -0400

No family is perfect. Families will fight, not speak to each other for extended periods, or in some extreme cases, face each other in court.

This is especially true as parents advance in age and as they become more dependent on their children for assistance, old conflicts can come back to the forefront, leading to quarrels among siblings as well as between parents and their children.

Often these disputes begin not out of greed but for a variety of other reasons:

Internal difficulty in coping with a parent in decline
Conflicts, power struggles and rivalries that are dug up from the past
Disparities and inequities in the burden of care
Disagreements in both medical decisions and in living arrangements
Financial concerns over the care of a parent

Legal Preparation for Leaving the Nest

Matthew S. Fedor — Wed, 20 Jun 2018 09:00:15 -0400

As spring winds down and summer sets in, many parents and students look forward to graduation day. After the celebrations, parents get ready to send their children, many of whom have never been away from home, off to college.