Lipson Neilson Lawyers Named 2018 Michigan Super Lawyers

Lipson Neilson P.C. is proud to announce that four lawyers in the firm’s Bloomfield Hills office have been selected to the 2018 Michigan Super Lawyers list: Jeffrey Neilson, Phillip Seltzer, Sandra Glazier and Mary Schmitt Smith. Jeffrey Neilson, Sandra Glazier and Mary Schmitt Smith are included on the team of CEP Lawyers.

Super Lawyers is a division of Thomson Reuters, a global leader in legal industry information and publications. The Michigan Super Lawyers list includes less than 5% of lawyers in the state.

Lipson Neilson 2018 Michigan Super Lawyers:

  • Jeffrey T. Neilson: Selected for his work in Estate & Trust Litigation, he is also recognized for his work in Family Law and Professional Liability. This is Jeffrey’s twelfth consecutive year on the Michigan Super Lawyers’ list.
  • Phillip E. Seltzer: Selected for his work in Professional Liability Defense Litigation, he is also recognized for his work in Business Tort Litigation. This is Phillip’s sixth consecutive year on the Michigan Super Lawyers’ list.
  • Sandra D. Glazier: Selected for her work in Estate and Trust Litigation, she is also recognized for her work in Family Law, Estate Planning and Probate. This is Sandra’s second consecutive year on the Michigan Super Lawyers’ list.
  • Mary T. Schmitt Smith: Selected for her work in Elder Law, she is also recognized for her work in Estate Planning and Probate, and Estate and Trust Litigation. This is Mary’s twelfth consecutive year on the Michigan Super Lawyers’ list.

Founded in 1985, Lipson Neilson has grown from three founding members to thirty-two attorneys located in three states. The firm offers a full range of practice areas including complex business tort litigation, professional liability defense, employment law and litigation, real estate, probate litigation, family law, estate planning, and trust and estate administration. Lipson Neilson attorneys represent and provide counsel to clients around the country, and around the world.

WHEN AND HOW SHOULD FAMILY HELP THEIR AGING ELDERS

It is difficult for family to know when to step in and assist aging parents with their financial affairs. Conversations about money, bills and care expenses are uncomfortable, and aging parents may become defensive, suspicious or confused.

Unfortunately, as we all age, we inevitably lose the capacity to manage our financial affairs. Cognitive decline and family influences are powerful force that also makes elders easy targets for scam artists, misleading advertising and offers for high-priced, unnecessary goods and services.

Family should consider raising the topic of financial management for their aging parents well before they become incapacitated. Dealing with financial issues before the onset of cognitive decline allows aging parents to be fully involved in the management of their estate. Early and full involvement by aging parents not only preserves their dignity and right to self-determination but also allows family to have the mutual benefit of knowledge of their financial affairs.

A durable power of attorney or a trust can give the aging parent continued control over their financial affairs while also empowering family to step in and help when needed.

Family and caregivers who lack legal authority to intervene when warning signs arise have a challenging task ahead. At least one family member will need to move quickly in the Courts to acquire the legal authority to act on their parent’s behalf that can be avoided by simply planning ahead.

To find out more about the firm visit http://www.lipsonneilson.com/

Sandra D. Glazier Presenting “Considerations and Ethical Responsibilities When Representing Vulnerable Adults” at Michigan State Bar Association’s Family Law Section Summer Conference

Sandra Glazier 2017 webpage photoCEP Attorney Sandra D. Glazier will present “Considerations and Ethical Responsibilities When Representing Vulnerable Adults” at the State Bar of Michigan Family Law Section’s Summer Conference on July 21, 2018 at the Boyne Mountain Resort in Boyne Falls, Michigan.

Family law is a very specialized area of law that is often state specific. In addition to staying current on the laws and how they are interpreted, family law attorneys must know their way around a courtroom, a referee’s office, the court rules, and case law. This conference will feature presentations by recognized family law practitioners providing state-of-the-law education and tips on family law issues.

An attorney for more than 35 years, Ms. Glazier is known for her expertise and successful track record in probate litigation, estate planning, trust and estate administration, and family law matters. The cases she works on tend to be very complex and require technical as well as legal expertise. An AV Preeminent® rated attorney, she has also been recognized by “Super Lawyers” in probate litigation and a “Top Lawyer” by DBusiness, in the areas of probate, estate and family law.

Ms. Glazier has had numerous articles nationally published by some of the legal industry’s leading publications. In addition, she has presented on estate planning and probate litigation related topics for the American Bar Association, Notre Dame Tax and Estate Planning Institute, Kansas City Estate Planning Symposium, Michigan’s Institute of Continuing Education, Oakland County Bar Association, Wayne County Probate Court appointed attorney training, Wilmington Trust’s New York Trust Symposium, Trust & Estates Magazine, and the Bloomberg BNA Estate and Gift Tax Advisory Board. She has presented on Family Law related topics for NBI, the OCBA, ICLE and the Michigan State Bar – Family Law Section.

Contact: Sandra D. Glazier
Phone: 248-593-5000
Email: sglazier@lipsonneilson.com

INHERITING LONG TIME FAMILY VACATION HOME

Co-ownership with family can work, however, siblings tend to be more forgiving of other siblings, but their spouses don’t have the same motivation to compromise.  So the siblings can often times be caught between their spouse and their siblings. Financially strapped siblings may also seek to just cash out of a long time investment.

The best way to avoid controversy is to have a family discussion while the parents are still alive to explore everyone’s expectations and desires.  Some of the considerations should include the following:

  • Meet and decide if you ultimately want to sell or keep the property.
  • If you wish to keep the property, and everyone is willing to share ownership, the family should draw up legal documents to prepare for the future. This can include a joint ownership agreement, Trust or Limited Liability Company.
  • Key issues are how and when the property should be used and how expenses are paid.
  • Include basic operating rules like schedules, cleaning, smoking, use by non family and damage.
  • Consideration should be given as to how ownership should be passed onto future generations.
  • Determine how ultimately siblings can be paid off, how would the price be determined.

Lipson Neilson Team Supports 2018 Susan G. Komen Race for the Cure – Detroit

2018 Susan KomenThe Lipson Neilson law firm is proud to have participated with a team in the 2018 Susan G. Komen Race for the Cure – Detroit. The firm’s team included 29 attorneys, staff, families and friends that are connected by their passion to help fight breast cancer. This year’s 5K run/fitness walk through the streets of downtown Detroit, held on May 5, 2018, drew an estimated crowd of 25,000 women, men and children coming together to fight breast cancer; the event raised a total of $343,599.

With offices in Michigan and Arizona, the CEP specializes in all aspects of estate planning, from estate administration to lifetime counsel and probate administration work. CEP attorneys work with individuals, closely-held businesses and charitable organizations. CEP founder, Steven Malach, specializes in elder law, estate planning, probate, wills, trusts and trusts administration. He also practices in the areas of wrongful death, family law, divorce, custody, child support, real estate and is general counsel to several local businesses.

Contact: Steven Malach
Phone: 248-593-5000
Email: SMalach@CEPlawyers.com

Sandra D. Glazier Selected to Speak on “Attorneys’ Roles and Responsibilities in Protecting Aging Clients and Their Assets” at the American Bar Association’s 30th Annual Spring Symposia for the Section of Real Property, Trust and Estate Law

Sandra Glazier 2017 webpage photoCEP lawyer Sandra D. Glazier has been selected by the American Bar Association to be on a panel that will discuss attorneys’ roles and responsibilities in protecting aging clients (and their assets) from the seemingly well-intentioned but overly-influencing next generation. This session, “It May Be a Small World, but You Still Need to Wait Your Turn – Issues with Elder Planning and Abuse”, will be moderated by The Hon. Cheryl D. Cesario, retired Circuit Court Judge of Cook County, Probate Division, Evanston, Illinois, and includes other attorneys from around the country. Ms. Glazier is one of only three Michigan attorneys selected by the ABA to present at this national Symposia that will be held in Orlando, Florida during May 10 – 11, 2018.

An attorney for more than 35 years, Sandra D. Glazier is known for her expertise and successful track record in probate litigation, estate planning, trust and estate administration, and family law matters. The cases Ms. Glazier works on tend to be very complex and require technical as well as legal expertise. She has represented contestants and proponents of estate planning documents, as well as fiduciaries, in significant trust litigation proceedings.

An AV Preeminent® rated attorney, Ms. Glazier is recognized nationally for her accomplishments and expertise in estate planning and probate litigation and is routinely requested to speak at some of the leading legal industry conferences across the country. She has been selected as a “Michigan Super Lawyer” by Thomson Reuters, the world’s leading source of information for the legal industry and has been recognized as a “Top Lawyer” by DBusiness, in the areas of probate, estate and family law. Ms. Glazier has had numerous articles published by some of the legal industry’s leading publications. and has taught “Valuation for Federal, Estate and Gift Tax Purposes” in a Masters’ level course. To learn more please visit www.lipsonneilson.com.

Contact: Sandra D. Glazier
Phone: 248-593-5000
Email: sglazier@lipsonneilson.com

NURSING HOME RESIDENT PROTECTIONS

  • Congressman Debbie Wasserman Schultz a Democrat from Florida and Congressman Tim Wahlberg who is a Republican from Michigan introduced protections for residents in nursing homes during emergencies.
  • The house bill (H. R. 4704) provides in pertinent part that skilled nursing facilities shall meet certain emergency preparedness requirements.
  • The facility must have in place alternative sources of energy capable of powering heating, ventilation, and air conditioning systems for at least 96 hours.
  • Failure to comply with these provisions would subject the facility to a civil money penalty not to exceed $100,000.

 

THE CHALLENGES OF JOINT BANK ACCOUNTS

  • Usually, joint accounts are held with rights of survivorship.
  • Often times, joint accounts are made merely for convenience purposes.
  • This means that the account will not necessarily pass later in accordance with a will or trust that was created by a deceased account holder.
  • This problem most often arises when one child has their name as a joint account holder to help parent pay their bills.
  • While some children may feel they have a moral obligation to allocate funds as expressed in a will or trust, others will not.
  • This arrangement also exposes the account to potential attack or forfeiture from creditors of the added account holder.
  • In the ever-changing tax world, there can also be tax related issues in these arrangements including income/capital gain/gift tax issues.