Archive for the ‘Elder Law’ Category

The Problem With Michigan Trust Kits

Written by Christopher J. Berry, Esq. on November 18, 2008 – 4:46 pm -

Living trusts have been aggressivly marketed to the Michigan public.  Unfortunatly, there are many non-lawyers out their marketing trust kits in Michigan or trust preperation services.  Buying one of these “trust kits” can be a huge financial mistake that not only effects you but also your loved ones.

The targeted customers of these salesmen are typically seniors.  They will lure the seniores in by either going door to door or holding free seminars.  More often than not, these seminars will not be taught by an attorney, but by a salseman.  They will advertised to the senior a one-size fits all estate plan, usually for over $2500.  Quite often these “trust kits” end up being a fill in the blank type document and the customer never even meets with an attorney.

There have been reports of Michigan citizens losing over $200,000 to Federal Estate taxes based off these poorly drafted plans.

If you had a estate plan or “trust kit” drafted by one of these outfits, contact a Michigan estate planning lawyer, as soon as possible to rectify the matter and create an estate plan that serves your wishes and provides for your loved ones.

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Posted in Elder Law, Estate Planning | 1 Comment »

Scam Targeting the Elderly in Michigan

Written by Christopher J. Berry, Esq. on October 30, 2008 – 12:24 pm -

An attorney colleague in Michigan just made us estate planners aware of the following scam that is targeting the elderly.

We have encountered a scam targeted at seniors. A lady in her late 70s was persuaded by a salesman to sign up as a local representative of a satellite television company, apparently under the suggestion that she could sell

(recommend) the service to her friends and receive commissions. She was offered and did sign an agreement to serve in this capacity, and in so doing authorized a charge of $7,500 to her credit card.

At this point I will not name the company on the contract or the satellite provider, but all of us should be on the lookout for this kind of scam.

It’s unfortunate that this type of thing happens to our seniors.

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Posted in Elder Law, News | No Comments »

Tips for Selecting a Michigan Estate Planning Attorney

Written by Christopher J. Berry, Esq. on October 9, 2008 – 10:43 am -

  1. Identify prospective attorneys.  Talk to people who work with estate planning attorneys and friends and family who may have done estate planning.
  2. Schedule Screening Interviews.  Estate planning is an important process and you need to feel comfortable in selecting an attorney to work with you and your family.
  3. Determine if the attorney is qualified.  At the first interview, ask basic questions, for example : What percentage of your practice is devoted to estate planning?  What types of clients have you worked with?  Ask for references.
  4. Understand the Network of professionals.  Estate planning requires a holistic approach that involves a team of specialists: your attorney should not be a lone ranger.
  5. Discuss Fees.  You want someone that has a fee schedule that you are comfortable with.  Like many things in life, this is an area where you get what you pay for.
  6. Contact any references given.  Was the attorney proactive?  Responsive?  Any regrets or concerns?
  7. Prepare for the second interview.  Ask follow-up questions and bring personal documents you wish to discuss, such as current estate planning documents or insurance policies.
  8. Select your Michigan lawyer.  You want someone who is qualified, with whom you are comfortable, and has a network of professionals that he or she works with.
  9. Put it in writing.  Have a written fee agreement or retainer agreement to ensure that your expectations are met.
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Posted in Elder Law, Estate Planning | 2 Comments »