Practice Areas
Not all disputes are best resolved in court Litigation is expensive, time consuming, and damaging to the relationships of the litigants. Preserving post-litigation harmony is rarely a consideration in the commercial realm, but may be extremely important when it comes to family. Uniquely, when an inheritance dispute is over, the combatants remain related, no matter how remotely. A successful inheritance dispute attorney recognizes the importance and implication of this enduring relationship.
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What is Michigan Elder Law? Elder law is a multidisciplinary practice focused on the needs of elders and their families. Elder law combines a number of areas of law, including: estate planning (use of Wills, trusts, and powers of attorney), trust and probate estate administration, Medicaid planning, long term care planning, Veteran’s Administration aid and attendance consulting, guardianship and conservatorship proceedings, and tax planning. Our practice combines knowledge of both federal and Michigan law as they apply to elder law.
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Are you and your family prepared? At Accettura & Hurwitz, we consider an estate plan to be an essential element of individual and family planning; an owner’s manual of sorts. Estate planning is the process of ordering one’s affairs in contemplation of death or disability. A typical Michigan estate plan includes a revocable trust (sometimes called a "revocable living trust"), health care power of attorney, general power of attorney, and a last will and testament.
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Held to the highest standard of behavior Trust administration is the logical byproduct of proper estate planning. Trusts may require administration during the life of the grantor if the grantor becomes incapacitated. A decedent’s trust must be administered by the trustee after the death of the grantor; even if it is only to supervise the immediate distribution of all trust assets to the named beneficiaries. However, some trusts, according to their terms, must be administered for an extended period.
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Experienced in will and trust contests Inheritance matters are inherently emotional. Lingering family disputes and a false sense of entitlement often motivate family members to act improperly. Inheritance litigation is sometimes unavoidable to compel a family member or fiduciary to follow the decedent’s wishes. We at Accettura and Hurwitz have over fifty years of experience representing family members and fiduciaries in probate matters. We have seen how the illness or death of a parent or other loved one can activate family tension, ambivalence, hostility, and sibling rivalry.
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Medicaid Planning with Long-Term Care For some reason, most of us do not like to think about the future and what might happen. Yet, many of us are experiencing the realities of elder family members needing extensive long term or nursing home care, right now! This should inspire you to act now and prepare for your future long term care expenses. The cost for long-term nursing home care can be devastating to a family’s financial resources.
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Premarital Planning in Michigan Premarital agreements (sometimes called prenuptial, ante-nuptial, or just prenups) are enforceable in all fifty states, including Michigan, if all the following conditions are met: - They are in writing. - Each party has fully disclosed his or her assets and income. - Each party is represented by separate counsel. - The agreement was not entered into by fraud, duress, mistake, misrepresentation, or material omission. - The agreement was not unconscionable when made.
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The probate court has jurisdiction over a decedent's assets that are not in trust, do not name a beneficiary, or are not owned jointly. Contrary to popular belief, Wills do not avoid probate. The probate court also governs the appointment of guardians and conservators, and is the proper forum for resolution of inheritance disputes. If a decedent died with a Will (testate), the Will must be filed with the probate court and admitted (authenticity confirmed).
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Aid & Attendance Aid and attendance benefits are available to veterans and their spouses who are at least sixty-five years of age. These benefits assist them with the cost of in-home care, assisted living, and nursing home care. Veteran's Administration (VA) aid and attendance is perhaps most beneficial for veterans and their spouses who require an assisted living arrangement since Medicaid does not cover assisted living. To be eligible, the veteran must have had ninety consecutive days of active duty with at least one of such days during war-time.
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About Accettura & Hurwitz
Accettura & Hurwitz, handles the legal needs of senior citizens and their heirs, of young workers and couples planning for their retirement, and of military veterans seeking their benefits.
As estate planners, our goal is to minimize or eliminate taxes, avoid probate, allow you to control the disposition of your assets both during life and after death, and preserve the assets of elders in need of assisted living or nursing home care.
Our other specialties include Medicaid planning and dispute resolution.
In 2011, our attorneys’ efforts earned Accettura & Hurwitz Hour magazine’s 2011 Five Star Wealth Manager Award, an honor based on clients’ overall satisfaction.
Our firm’s attorneys have provided legal assistance to thousands of clients throughout Michigan, while P. Mark Accettura’s books, articles, and columns have provided authoritative information to thousands more across the United States.
