Upcoming Changes to Credit Reporting

Beginning July 1, 2017, the three major credit reporting agencies (Equifax, Experion, and Transunion) will no longer include negative information regarding civil judgments or tax liens on consumer credit reports if the judgment or tax lien at issue is incomplete.  Judgments and tax liens will be deemed incomplete if they do not contain all of the following: The consumer’s name; …

Asset Protection Trusts in Michigan

On March 8, 2017, Michigan became the latest state to offer asset protection trusts as a tool for its residents. The Qualified Dispositions in Trust Act (the “Act”) creates a framework under which a specific form of trust can be created and can be used to shield assets from creditors, known as a Domestic Asset Protection Trust (“DAPT”). Previously, Michigan …

The End of Dower in Michigan

On December 22, 2016, Governor Snyder signed legislation to abolish dower rights in the State of Michigan. The elimination of dower marks a significant change in Michigan law, even if it will not have a significant impact on day-to-day life. Dower has been a part of Michigan law for well over 200 years. Dower was originally intended to protect women, …

Estate Planning on the Small Screen

Estate planning lawyers view the fictional Pritchett Family depicted in the TV show “Modern Family” as an excellent case-study of the type of blended family that needs competent estate planning. In its most recent episode, “Modern Family” tackled this issue head on. One of the storylines of the episode “Ringmater Keifth” centered around the family patriarch, Jay, and his much …

Enforcement of New Overtime Regulations Suspended

Yesterday, the United States District Court for the Eastern District of Texas issued a ruling in State of Nevada, et al v. United States Department of Labor, et al, which has nationwide impact. In its ruling, the Court entered a nationwide injunction prohibiting the Department of Labor from implementing and enforcing new overtime regulations which were set to become effective …

Can an Unsigned Will be Admitted to Probate in Michigan?

The Court of Appeals of Michigan was recently called upon to decide that very question. In a published opinion, the Court of Appeals determined that Michigan law allows a probate court to admit a will without a signature to probate, if the proponent of the will establishes, by clear and convincing evidence, that the decedent intended the document to constitute …

Recording Fees

Effective October 1, 2016, all documents, regardless of the number of pages, will cost $30.00 to record with any Register of Deeds office in the State of Michigan.  Through September 30, 2016, the cost to record documents is $14.00 for the first page, and $3.00 for each page thereafter.  Most deeds are 2 pages or less, so the cost for …

Funeral Representative Legislation

On June 27, 2016, an amendment to Michigan’s Estates and Protected Individuals Code (“EPIC”) took effect which allows individuals to designate a funeral representative, and gives the funeral representative the power to make decisions concerning funeral arrangements and other decisions associated with that individual’s final wishes.  This amendment, if taken advantage of, can prevent disputes over a deceased person’s final …

Huss Elected President of Muskegon County Bar Association

Andrews Scheuerle + Huss is pleased to announce that Kevin M. Huss has been elected President of the Muskegon County Bar Association for 2016-2017. Kevin has served on the Board of Directors of the Muskegon County Bar Association since 2012. He has previously held the offices of Secretary and Vice President. Kevin looks forward to working with and on behalf …

Fiduciary Access to Digital Assets Act

Recent data suggests that nearly 3 out of 4 American adults use at least one form of social media.  The use of online applications for storage of documents, photos, videos and other data is on the rise.  The vast majority of Americans who have digital assets or use social media are unaware or misinformed about what happens to these digital …