Center for Estate Planning Founder Steven Malach a Featured Speaker at “Senior Seminar” in Phoenix, Arizona

Steven Malach 207 wideSteven Malach, Founder and Director of the Center for Estate Planning (CEP), a subsidiary of the Lipson Neilson law firm, was a featured speaker at the January 15, 2019 “Senior Seminar” hosted by The Kolb Team, a Keller Williams real estate office serving the Phoenix, Arizona market. Their Sun Lakes Community was the first ever large scale 55+ community developed in the USA in the 1960s.

Having handled thousands of cases, Mr. Malach is well versed in the issues and stresses faced by the growing population of seniors who are caregivers for another person and/or have lost a partner or spouse. Unplanned health costs arise and can drain their savings and investments. Life becomes even more stressful if the person is not named in the estate plans.

Mr. Malach discussed the legal aspects of selling and documentation required to sell a home when a trust owns the home and a power of attorney is in place or a partner is deceased, as well as family involvement and communicating through the process with trusted family members.

An attorney for more than 40 years, Mr. Malach heads Lipson Neilson’s estate planning practice group and is the founder of the Center for Estate Planning (CEP). 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.

Mr. Malach’s practice 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. To learn more please visit www.CEPlawyers.com.

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

Sandra D. Glazier Awarded “2018 Distinguished Author” by Trusts & Estates Journal

S Glazier Distinguished Author award 2018Sandra D. Glazier, a Shareholder of the Lipson Neilson law firm, has been awarded 2018 Distinguished Author in the category of Thought Leadership: High Net Worth by Wealth Management’s Trusts & Estates publication, the pre-eminent peer review journal and website for wealth management professionals serving the needs of high-net-worth clients, family businesses, charitably inclined donors and non-profit corporations.

Glazier, and co-author attorney Martin Shenkman, were both awarded this distinction for their article “Drafting and Updating Your Retainer Agreements” that was published in Trusts & Estates Journal.

Glazier and Shenkman wrote this article about retention letters because they are vital to protect attorneys and define the scope and terms of engagement. According to Glazier and Shenkman, the practice of law continues to evolve and so should retention agreements. “We hoped to encourage a re-evaluation of retention agreements and recognition of the import in identifying: (1) the client, (2) engagement, and (3) conflicts of interest, as well as in ‘vetting’ clients (that is, weeding out liability and recognizing acts of procurement, which could be an indicia of undue influence) and addressing privilege and future diminished capacity issues.” Retention letters can communicate a firm’s practices, procedures, client responsibilities, and more. The authors added, “They can be a valuable form of communication, not merely a means of defining billing terms.”

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 also received the Bloomberg Law’s prestigious 2018 Contributing Author of the Year Award. 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.

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

Senior Seminar

Steve Malach will be presenting at the Senior Seminar January 15, 2019 from 12:00 p.m.-1:30 p.m. at the Oakwood Clubhouse in Maricopa, Arizona.

Overwhelmed about where to start the home selling process? Come meet professionals who will speak and be available for questions on the following topics:

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  • Relocation
  • Downsizing
  • Professionals who can assist with packing and transition
  • Estate sale professionals
  • Legal aspects of selling
  • Family involvement – communication with trusted family members
  • How to prepare your home for sale
  • Staging and furnishings
  • Neighbors Who Care – Services provided if you remain in your home

This is a NO COST community seminar sponsored by

The Kolb Team Real Estate Group

Call Becky today to reserve your spot (480)440-0849.

Electronic Wills: Revolution, Evolution, or Devolution

Reproduced with permission from Tax Management Estates, Gifts, and Trusts Journal, Vol 44, No. 1, 01/10/19. Copyright 2019 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

Electronic WillsInternet-based companies are currently encouraging state legislatures to adopt new statutes that will significantly impact Uniform Probate Code (UPC) provisions and other longstanding statutory schemes in order to facilitate widespread marketing and use of online estate planning and notary services in regards to the preparation and execution of wills, trusts, and other related estate planning instruments.

Is this evolution or devolution? Will the Uniform Law Committee’s current proposal with regard to electronic wills provide sufficient protections against fraud, undue influence and capacity issues?

In 1968, just over a decade before the internet, John Lennon and Paul McCartney wrote the Beatles’ song, Revolution.

Perhaps it was a foreshadowing of societal changes that would result from commercialization of a global system of interconnected computer networks (known as the “Internet”) that now links devices worldwide and has incorporated services and technologies into virtually every aspect of modern life.

In Revolution, the Beatles sang:

We all want to change the world
You tell me that it’s evolution
Well, you know
We all want to change the world
***
Later, in Revolution, the Beatles continue:
You say you got a real solution
Well, you know
We’d all love to see the plan
You ask me for a contribution
Well, you know
We’re all doing what we can

It remains to be seen whether legislation recognizing (and thereby encouraging) use of electronic wills (and other estate planning documents) is a real solution or whether the better path is continued use of the UPC harmless error approach to such instruments (which require clear and convincing evidence that an instrument represents testamentary intentions, when the instrument doesn’t fully comport with formal execution requirements for a valid enforceable will).

Click here to read the full story.

SOCIAL SECURITY FACTS

Social Security is not just a retirement program. There are four main types of Social Security benefits, retirement, disability, survivor and dependent.

The Urban Institute reports that over the years most people receive more in benefits than they paid into the program. The studies suggest a married couple is more likely to get more back than a single person.

Social Security retirement benefits take three factors into consideration – the persons year of birth, their yearly taxable earnings and the age that the worker applies for benefits. The earliest retirement benefit you can apply for is at age 66. Every year thereafter that you delay applying for benefits increases the ultimate benefit by 8% a year between age 66 and age 70.

 

 

NURSING HOME TRENDS

A new study reveals a growing trend of potentially unnecessary or harmful rehabilitation services for residents of nursing homes. The study finds that this trend, which may be driven by a desire to maximize profits, is particularly on the rise for patients in the last 30 days of life, indicating that these services could be interfering with appropriate end-of-life care.

The authors of the current study analyzed data from 647 nursing home facilities in New York State to better understand the patterns and growth of rehabilitation services. Specifically, they focused on residents who had received very high to ultrahigh rehabilitation services defined as 720 minutes or greater, or the equivalent of two hours of rehab per day.

They found that residents receiving ultrahigh rehabilitation was concentrated in the last seven days of life.
The study suggests this phenomenon is likely more pronounced in other states. A 2013 CMS study showed that nursing homes in at least 17 other states billed for ultrahigh intensity rehabilitation services at even higher rates than New York.

The authors acknowledge that some level of rehabilitation may be necessary and appropriate for patients approaching the end-of-life, such as speech therapy, which can assist with difficulties in swallowing. However, they contend that many of the goals of these therapies can be attained at low or intermediate levels of intensity and that ultrahigh levels for patients nearing end-of-life are generally unnecessary and, in many instances, could be harmful and interfere with appropriate care. This could also delay the timely introduction of hospice and palliative care.

Real Estate Attorney David Michael on Panel of Industry Professionals Discussing Environmental Due Diligence

May 16, 2016 – David Michael, an attorney at Lipson Neilson P.C., and the current Chair of the Oakland County Bar Association’s Real Estate Committee, will be on a panel of real estate industry professionals discussing “Avoiding the Abyss: Environmental Due Diligence in Real Estate”. Presented by the Energy, Sustainability and Environmental and the Real Estate Law committees of the Oakland County Bar Association, with the support of the Michigan Commercial Board of Realtors. This seminar is officially certified by CE Marketplace, Michigan’s Continuing Education Hub for Real Estate Professionals, for two CE Credits and will be held on June 15, 2016, at the WMU-Cooley Law School located at 2630 Featherstone, Auburn Hills, Michigan 48326.

 

Topics discussed by the panel will include:

  • The legal liabilities/risks associated with the purchase/sale of brownfields or properties with other environmental issues such as wetlands or endangered species.
  • Assessing the environmental condition of real property through ASTM Phase I and Phase II environmental assessments, natural resource assessments, hazardous building material surveys and environmental insurance and Brownfield Incentives/Tax Abatements.
  • Drafting transactional documents to minimize environmental liabilities and spread risk.

About David Michael
David Michael specializes in all aspects of real estate law and litigation, and he has extensive experience in commercial litigation and continues to practice in that area as well. He is the Chair of the Oakland County Bar Association’s Real Estate Committee, and a contributing author to Development Magazine, a publication of the Commercial Real Estate Development Association.

About Lipson Neilson P.C.
Founded in 1985, Lipson Neilson has offices in Bloomfield Hills, Las Vegas and Phoenix. The firm services clients in Michigan, across the U.S. and around the world. You can learn more about the firm by visiting www.lipsonneilson.com.

 

Contact: David Michael

Phone: 248-593-5000

Email: DMichael@lipsonneilson.com

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/