SPOUSAL SUPPORT: MODIFIABLE vs. NON-MODIFIABLE
By: Sandra A. Harrison, Attorney at Law. In cases of divorce or separate maintenance, often the issue of spousal support (also referred to as alimony) must be addressed. In the State of Michigan, courts consider eleven factors in determining whether spousal support should be granted to either party. Often the most important of these factors are:
Senate approves reduction of 36 judgeships in Michigan
By: Benjamin A. Schock, Attorney at Law. State lawmakers Tuesday approved a package of bills that will cut the number of trial judges in the state by Thirty Six through attrition. It is not expected that any judges will be lost in Macomb County. The original bipartisan legislation passed by the House of Representatives in December proposed eliminating 41 trial court judgeships. The Senate amended the bills and reduced the number to 36. ”The last time we eliminated judgeships in Michigan was more than a decade ago, and even though the current reduction it is not as sweeping as we first envisioned, it is a huge step toward reforming the judiciary, assuring access to justice and saving taxpayer money,” said state Rep. John Walsh, R- Livonia, chair of the House Judiciary Committee. The legislation was recommended in a 2011 report by the State Court Administrative Office. Past reports have urged similar reductions, but the recommendations were not acted upon. The most recent report received the support of the Michigan Supreme Court and all three state judge’s associations. “This will in no way affect a citizen’s right to a speedy trial or full access to justice through the court system,” Walsh said. “It is overdue reform that will save taxpayer money in the long run, and will bring our judicial system to the correct size.” The package of bills now goes to Governor Snyder for his signature which is expected because Snyder has supported the measure.
Alzheimer’s Association Commends the Obama Administration for Dedication of New Rescources
Click here to read article: http://www.alz.org/news_and_events_alzheimer%27s_association_commends_obama.asps
Should I Get a Prenuptial Agreement?
By: Sandra A. Harrison, Attorney at Law. If you are tying the knot anytime soon, you may want to consult a family law attorney about getting a prenuptial agreement. A prenuptial agreement, also referred to as an antenuptial agreement, is a contract between two people planning to be married concerning the property each person owns. Typically, these agreements specify what each person’s property rights will be if the marriage is dissolved. This consideration is becoming increasingly relevant as couples are waiting longer to get married. In delaying marriage, men and women are often more established and come into marriage with a greater number of assets. An antenuptial agreement can protect those assets in the event of death or divorce. If you are considering an antenuptial agreement,
ESTATE PLANNING: 10 THINGS TO DO THIS MONTH
By: James M. Simasko, Attorney at Law. Most people spend more time each year planning a vacation than they do creating or reviewing their Estate Plan. Life is constantly changing and at the minimum, you should take the following steps on a periodic basis. Create a Will and Trust. Review these documents after life changing events, i.e. marriage, divorce, a death or birth, a new job, nursing home or long term care admission, etc. Make sure your estate administrator or a close loved one has copies of or access to these documents when they are needed.
How Important is Estate Planning?
By: Jeff M. Burns, Attorney at Law. To easily understand the importance of estate planning, search the Web for “the Estate of Spicer H. Breeden.” The case depicts a tragic story that ended with the heartbreaking and untimely death of a beloved reporter from Denver and the suicide of a wealthy Denver socialite. Spicer Breeden was the great-grandson of Charles Boettcher. Mr. Boettcher was a tremendously successful Denver entrepreneur. At age 95, he told Time magazine: ”I like to work. I’ve worked hard all my life, and I suppose I’ll keep working as long as I can raise a hand.” His great-grandson, on the other hand,
Medicaid: Jointly Owned Property
By: Patrick M. Simasko, Attorney at Law. In Michigan, if you are attempting to obtain medicaid benefits for your nursing home stay, you must be aware of a recent law change. Historically, Michigan treated real estate and stocks that you own jointly with a person other than your spouse as being an unavailable asset. The theory was that it takes all signatures to sell the property or the stock and since the Department of Human Services “DHS” cannot force the joint owner to sell their interest in the property it is unavailable. This Michigan Medicaid law has been changed effective April 1, 2011. The DHS will treat your interest in the joint property or stock as a countable asset.
The Patient’s Rights in a Medicaid Nursing Home
By: Benjamin A. Schock, Attorney at Law. As a resident of a Medicaid nursing home in the State of Michigan, the patient has the same basic rights about their life, medical care, and personal treatment as others who live in Macomb County or other local communities. These rights are protected by both state and federal laws. As a Medicaid beneficiary, the patient has the right to the same quality of medical care as other nursing home residents. The individual also has the right to know about and take part in decisions about their medical care and the operation of the nursing home or skilled care facility. The patient also has the following rights:
Auditor General Finds High Eligibility Error Rates At D.H.S.
By: Benjamin A. Schock, Attorney at Law Despite implementation of a process to catch errors, a high eligibility error rate for certain assistance programs at the Department of Human Services (DHS) led the Auditor General to maintain that a material condition still exists, according to a follow-up report issued Thursday by Auditor General Thomas McTavish. In 2008, the initial report found a material condition and made two recommendations regarding the client eligibility oversight, error identification and error prevention processes for some public assistance programs at DHS. The specific programs that were audited included the Family Independence Program (FIP), Child Development and Care Program (CDC) and the Medical Assistance Program (Medicaid).
Ponzi scheme uncovered in Macomb County, Michigan
Local Elder Law Attorney, Patrick M. Simasko, discovered a phony stock broker who has been charged with stealing more than $1 million from three Macomb County residents. The family originally contacted Simasko Law Offices for estate planning issues. During the process, they provided their investment statements, which raised many red flags for the Simasko team. The following information will help you protect yourself and your life savings.
