What is Michigan Probate? 

This is our definition, and the true reality:

“Probate is a lawsuit you file against yourself, with your own money, on behalf of your creditors.”

The Facts...

Probate is the legal process of presenting your Will to the Court after your death to authenticate it, and appoint your Executor/Personal Representative. Your Executor/Personal Representative must be appointed by the Court in order to collect and distribute your assets as stated in your Will.

However, because it is a legal process, there are many steps that must be followed before your Executor can be appointed. 

• The Michigan probate process requires a Personal Representative be appointed - even in simple and/or uncontested cases.  
• The Personal Representative must file numerous forms, follow an extensive and somewhat complicated process, and pay attention to deadlines and criteria throughout the entire process.  Most people find this to be exhausting, confusing,...

It’s never easy to watch our parents get older and lose the capabilities to do certain tasks independently. It’s even harder for those whose parents have been diagnosed with Alzheimer’s disease or another form of dementia while raising a young family of your own simultaneously. Not only does this diagnosis guarantee a parent’s eventual loss of skills and independence, but it could also mean a loss of personality traits and characteristics of the person who raised them.

Below is a letter I think unfortunately many of us can relate too. Written by a member of the Sandwich Generation to sociologist and coach Christine Carter about her struggles with feeling overwhelmed, sad, and stuck.

“My mom was diagnosed with Alzheimer’s two years ago, just before I got pregnant with my second daughter. I was fortunate to have a stellar short-term therapist available through a pregnancy program at work to help me come to grips with my mom’s...

How old should you be before you get powers of attorney? In this video, I was inspired right after leaving a court hearing to answer this VERY important question about why it may not be when, or why, you think.

Use The Amazing Legal Tools Available To Protect Yourself, and Those You Love. 

How?  Contact us Today: (248)278-1511

Prefer to read this information? Below is the video transcript.

So how old should you be before you have a power of attorney?

Hi, I'm Nicole Wipp, the founder and lead attorney of the Family and Aging Law Center.

I'm sitting here in my car after I literally just got out of court in that building right there today, and I got so inspired to make this video because of what happened in court today.

You know, the reason that I was there is because I was representing a woman that is younger than me. She has a husband that got in a terrible car accident, and now is completely unable to make any decisions for himself related to finances and related...

This Aid & Attendance legal update written by attorney Nicole Wipp at the Family & Aging Law Center is not, and should not be construed as, legal advice.  For advice specific to your situation, consult a qualified and accredited Veterans Administration attorney.

One of the most important benefits for long term care is something known as "aid and attendance" or "Veterans Improved Pension."

For several years now, we have been hearing rumblings that the Veterans Administration was going to have a massive change to the rules surrounding this benefit.  

And finally, yes - the Veterans Administration moved the ball.  The old rules are out, and the new rules are in...as of October 18, 2018.  So if you're looking to get this benefit under the "old" rules, all transfers must be completed before that date.

How Does This Affect People Seeking Aid & Attendance Benefits?

Here is a rundown of the most important changes that will affect Veterans and their...

As an elder law attorney, I see with much more frequency than most how certain issues related to aging cause financial distress in ways that families never expected...and certainly didn’t prepare for. That being said, even I was surprised to read some findings recently put out by the The Federal Reserve’s survey of consumer finances, via the Consumer Bankruptcy Project, about the drastic increase in bankruptcy filings for older Americans (age 65-74).

This study found that filings by older Americans increased by a whopping 204% in the years between 1991-2014. The reasons why, unfortunately, are not surprising to me - but they may be to you.  

It is very important to understand that these reasons, especially the two outlined below, are ones that can happen to any family - even families that were financially “secure,” or thought they were.  That is why it is so important to understand the root causes of this massive increase - so that we can be...

There's nothing more satisfying than a job well done...except a vacation from a job well done!

In 8 days we drove 1,363 miles through Iceland in a campervan. I cooked  more these days than I have in the entire last year . We drank from waterfalls and bathed in geothermal pools. We met people from all over the world  and picked up hitchhikers . And most importantly, we spent uninterrupted time together as a family  .

And as you know, at the Family & Aging Law Center - family is at the center of all we do.

A Trip of A Lifetime

At the end of July, I was lucky enough to go on a trip with my husband Marcus and son Marek to the beautiful island nation of Iceland.  While I've been there before, my husband had not ... and either way, it is a trip well worth making more than once.

We decided to do things a little differently this time, and chose to make a campervan trip around the entire island instead of staying in hotels.  The...

This article regarding revocable living trusts by Michigan lawyer Nicole Wipp and the Family & Aging Law Center PLLC is not, and should not be construed as, legal advice. It is for general informational purposes only. To better understand how this legal concept can be applied to you, consult with an attorney.

REVOCABLE LIVING TRUSTS...

The Facts...

A trust is a contract between the Grantor (the person who creates the trust), the Trustee (one who controls the trust) and the beneficiaries (those entitled to benefit from the trust).

You, as Grantor, determine how the trust will be operated by the Trustee and who benefits, how and when. You can create a trust that permits you to be Trustee and give you the right to receive full benefits from it. This type of trust is often used as a substitute to your Will.  

Get Your Questions Answered - Make an Appointment By Calling (248)278-1511, or Attend One Of Our Workshops

A revocable living trust permits you to keep total...

Summer calls for many ways to stay cool and refreshed, but your #1 source should be from drinking water. Whether you're headed to the lake, fishing, or gardening, it's extremely important that you stay hydrated in the heat. Interested in learning more about the positive benefits that come from H2O? Read on to quench your curiosity!

 Water and Aging

Unfortunately, our bodies means of continuously hydrating us decline with age. Older adults have reduced thirst signals, so it becomes extra important to monitor your H2O intake to be sure you are receiving enough water each day. Since older adults also have lower water reserves, compared to younger people, it makes it even more important to  increase your daily water consumption (and make it a habit!). In addition, older adults are more likely to regularly take medications that increase the risk of dehydration including those to treat heart failure and high blood pressure. Still not convinced? Learn more here!

What...

Whether for medical or for financial reasons, the benefits of a highly detailed, comprehensive power of attorney are numerous. Unfortunately, most powers of attorney are general in nature and can actually cause more problems than they solve. 

Much has been written about financial exploitation of individuals, particularly seniors and other vulnerable people, by people who take advantage of them through undue influence, hidden transactions, identity theft, and the like. Even though exploitation risks exist, there are great benefits to one individual (the principal) privately empowering another person (the agent) to act on the principal's behalf to perform certain financial functions or to make health care decisions when they are needed.

So, what can well written, thoughtful powers of attorney do for you and your family?  Here’s the top ten:

1. Without them, you lose control.  The best time to plan is “when you can.” Powers of attorney are a...

Avoid Nursing Home Poverty & Spend Down - Jane's Story

The story below has been changed in order to protect the client's confidentiality, while retaining the truth of the details.  While the Family & Aging Law Center cannot guarantee results, we can say that the results below are typical for our office. 

Video Transcript:

Hi everybody, Attorney Nicole Wipp here with the Family & Aging Law Center.

So, today, I'd love to share with you a story about our client, Jane (*not her real name!). Jane, like so many of our clients, needed nursing home level care. Yet, her family was so scared - because they did not know what to do, just like so many people don't know what to do. They had been being told, "you HAVE to do a spend down, you have to spend down her money to $2,000 before she can receive benefits for care...she can't have two houses (which is what she had). She can only have one house! You've gotta sell one!" All of these things were being told to the...