Publication Archive
Auto Dealer
Health Insurance Exchanges: The Participation Paradox
As state and federal agencieswork to create operational health exchanges, one critical question remains unanswered: How will the key stakeholders participate in the new health... More...
Car shuttlers and the Michigan unemployment tax
Following is an excerpt of an article prepared by Edward Castellani J.D., C.P.A. for the Michigan Automobile Dealers Association. Dealers frequently use car shuttlers to deliver vehicles... More...
Business
Michigan Tax Law Changes
On Wednesday, May 25, 2011, Governor Snyder signed a number of new tax Bills to revise Michigan's tax structure. The new laws include elimination of the Michigan Business Tax (MBT), creation of... More...
Governor Snyder Proposes New Corporate Income Tax and Other Changes
Governor Rick Snyder has proposed a budget which includes elimination of the Michigan Business Tax (MBT), creation of a Michigan Corporate Income Tax and permanent spending reductions. It... More...
Preserving a Company's Reputation in the Wake of Bankruptcy
Today’s economy puts a lot of companies and individuals in difficult positions where they must choose what needs to be done for their economic survival. Should a company choose to... More...
Using an LLC to Protect Assets From Creditors
Limited Liability Companies ("LLCs") have been the primary tool for many years to protect assets from creditors. One of the asset protection benefits of the LLC is the protection afforded... More...
Case Studies
Case Study, Daniel J. Cherrin
Colleges and Universities
Community Colleges - Federal Funding
Domestic Relations
Alimony
When is spousal support (alimony) awarded? Alimony, now called spousal support, is a sum of money usually paid by one spouse to another spouse for their support and... More...
Child Custody
Child Custody. Michigan is governed by the "best interests of the child" standard. A judge must make a determination as to which custodial environment will serve the best interests... More...
Employee Benefits
Revisions to Form W-2 Reporting of Group Health Plan Coverage
One of the many new challenges imposed on employers due to the passage of the Patient Protection and Affordable Care Act on March 23, 2010 (“Health Care Reform”) is the requirement to... More...
HIPAA Audits of Covered Entities: Including Medical/Dental/Vision/Health FSA/HRA/Wellness/EAP Plans
The Department of Health and Human Services (HHS) through its Office for Civil Rights (OCR) has begun a pilot audit program aimed at covered entities (and soon, business associates) regarding... More...
HSA Limits for 2012 Released
The IRS released Revenue Procedure 2011-32, which provides the adjusted limits for contributions to a Health Savings Account ("HSA") as determined under Section 223 of the... More...
The "Who, What, When & How" to Group Health Plan Form W-2 Reporting
One of the many new challenges imposed on employers due to the passage of the Patient Protection and Affordable Care Act on March 23, 2010 ("Health Care Reform") is the requirement to... More...
Group Health Plan Form W-2 Reporting: Effective January 1, 2012
One of the many new challenges imposed on employers due to the passage of the Patient Protection and Affordable Care Act on March 23, 2010 ("Health Care Reform") is the requirement to... More...
Medicare Part D New Annual Election Period & Revised Model Disclosure Notices
ALERT -- As part of the Patient Protection and Affordable Care Act (i.e., Health Care Reform), the annual election period that ran from November 15 to December 31st of each year... More...
HRSA Releases Guidelines On Preventive Services Required By Non-Grandfathered Plans
An amendment to the Interim Final Rules have been released under PPACA (health care reform) outlining the requirement of non-grandfathered group health plans to provide preventive care benefits... More...
Health Savings Accounts - What Employers Want to Know
By Elizabeth H. Latchana
Estate Planning
Estate Planning Before, During, and After a Divorce
Estate planning issues often arise in the context of a divorce. Some individuals seeking a divorce are under the mistaken assumption that the mere act of... More...
The New World of Portability—Should I File a Federal Estate Tax Return?
The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Pub L No 111-312 (2010) ("2010 Tax Relief Act") has introduced portability into the... More...
'Tis the season to be gifting
Thanksgiving is right around the corner and many of us are busy counting our blessings. We wonder how to bless those who have blessed us. We ask, "What would be an appropriate... More...
Why Every College Student Should Have a Durable Power of Attorney
IS YOUR COLLEGE STUDENT PROTECTED: As students return to college, they should pack with them a Durable Power of Attorney Every college student should have durable powers of attorney... More...
Living Trusts for Couples
The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 significantly changed estate planning for 2011 and 2012. One of the key changes was to... More...
Return of the Federal Estate Tax in 2001
The estates of wealthy individuals who died in 2010 didn't pay any federal estate tax, but that situation is about to change. Under the recently enacted “Tax Relief,... More...
Parental Appointment of Guardian for A Minor Child
Beneficiary Designations: Who Gets What
You may think your estate planning troubles are over if you have a will or a will and a trust. However, the best-drafted estate planning documents in the world may not bring the... More...
Charitable Remainder Trusts
Gifts to qualified charitable organizations are completely exempt from federal estate and gift tax. A charitable remainder trust ("CRT") is a popular estate planning tool which... More...
Premarital Agreements and Estate Planning
By Elizabeth H. Latchana Premarital Agreements, also calledantenuptial or prenuptial agreements, are contracts made prior to marriage that control the disposition of each spouse's... More...
Estate Planning Glossary
Lawyers are notorious for using Latin and legal terms that are unfamiliar to most people. Fraser Law Firm’s attorneys use plain English as much as possible. However, the law is ... More...
Estate Planning with Family LLCs
Limited liability companies ("LLCs") have become very popular in Michigan. LLCs are entities that combine the limited liability of a corporation with the pass-through taxation of a... More...
Federal Exclusion Amounts
Most people are aware of the fact that estates that exceed the federal estate tax threshold are subject to federal estate tax. For many years, this threshold, which we call the federal... More...
Irrevocable Life Insurance Trusts
Another tool that some people use to minimize or eliminate estate tax is an irrevocable life insurance trust. Insurance policies owned by the insured at the time of death are included... More...
Is Joint Tenancy a Good Idea?
Believing he was going to die, a father conveyed a large parcel of land he owned to himself and his son as joint tenants "to avoid probate." To his good fortune, the father... More...
Quiz for Family Members
This is a handy tool for collecting and organizing important information about your personal affairs. We suggest you print off this quiz, and, in addition to "yes" or "no" answers, fill... More...
Saving for the Future with the Michigan Education Savings Program
Saving for a child’s education has become even easier using the Michigan Education Savings Program (MESP). MESP is authorized under Section 529 of the Internal Revenue Service Code to be... More...
Uniform Donor Card
Estates and Protected Individuals Code (EPIC)
Is It Time to Update Your Estate Plan?
On April 1, 2000, the Estates and Protected Individuals Code or EPIC became effective in Michigan. Are wills, trust agreements, durable powers of attorney and other estate... More...
Michigan's Probate Code (Question & Answer Format)
Why did Michigan adopt a new Probate Code?On April1, 2000, a new probate code, the Estates and Protected Individuals Code (EPIC) became effective in Michigan. EPIC replaces... More...
Michigan's Probate Code
For 40 years, from 1939 to 1979, Michigan probate was governed by a probate code enacted in 1939 (the 1939 Code). Eventually this code, like those of many other states,... More...
More About EPIC
Estates and Protected Individuals Code (EPIC) is close to 200 pages in length, so it is not possible to discuss it in depth in this newsletter. However, there are some miscellaneous changes... More...
Gifts
Annual Gifts
A gift of up to $12,000 each calendar year (effective 2006) to as many persons as you can afford is the best way to transfer wealth to your children, grandchildren and... More...
Making the Most of Your Charitable Gifts
The federal estate tax is a transfer tax that applies if your estate exceeds the federal exclusion amount. The federal exclusion amount is $2,000,000 for 2006-2008. The... More...
Health Care Issues
Premium Assistance Under Medicaid and the Children’s Health Insurance Program (CHIP)
Affordable Care Organizations in Michigan
Foreword A cornerstone of health care reform is the development of a new patient care model, known as an accountable care organization (ACO), that is designed to reduce fragmented or... More...
Health Care Reform—Summary of Benefits and Coverage
IRS Notice 2012-9: Revisions to Form W-2 Reporting of Group Health Plan Coverage
Update on the Constitutionality of the Health Care Reform Law
The Health Care Reform Act was signed into law by President Obama on March 23, 2010. As of today five federal judges have ruled on challenges to the law. Two Republican judges, in Florida and... More...
Do Not Resuscitate Orders
A 1996 law (Public Act 193 of 1996) authorizes Michigan residents to execute orders instructing primarily Emergency Medical Technicians (EMTs) not to resuscitate them if their heart or... More...
Health Care Decisions
Some of today's most difficult ethical issues concern the "right to die" and "termination of life support." Unfortunately, there are no simple answers. In addition to ethical... More...
Miscellaneous
Finding Resolution Through Chaos To Move Michigan Forward
“Politics and issues come and go, but in the end, we'll all be remembered for the way we treat other people.” Morris K. UdallThe National Policy Consensus Center has found that legislators are... More...
The Federal Courts Jurisdiction
President Obama signed the Federal Courts Jurisdiction and Venue Clarification Act of 2011 into law on December 7, 2011, and the Act took effect on January 6, 2012. The Act contains significant... More...
Legal Aid Needs Our Help
Never before in my professional lifetime have so many of our fellow citizens been in such dire financial straits. Individuals living in poverty need food, shelter, health care, clothing and... More...
Your rights in Oil & Gas Leases: Protecting your ability to use your land
There are many issues to be aware of as a landowner when being asked to sign an oil and gas lease. While you want to allow the gas company access to your land to develop the oil and gas... More...
401k Plans Have "Safe Harbor"
by Darrell A. LindmanWithout question, 401(k) plans have become the most popular retirement plan in the United States. If your business has not already adopted a 401(k) plan, what are you... More...
Exceptions Under the Fair Labor Standards Act Could Soon Be Lost
By G. Alan Wallace The sweeping effects of the recent change to the Michigan Minimum Wage Law will soon be felt by employers across the State of Michigan. Public Act 81, signed into law... More...
How to Protect the Benefits of a Disabled Child
If you have a child that is mentally or physically impaired, and receiving governmental supplement payments or benefits, such as SSI, Medicaid and other public benefits, you need to... More...
I Have Been Sued
What should I do? When you are served with a Summons and Complaint, do not call the plaintiff or the plaintiff's attorney. If suit papers were personally delivered to you, you have 21... More...
Michigan Approves New Type of Liquor License
By Edward J. Castellani, J.D., C.P.A. Effective December 29, 2006, Governor Granholm signed legislation to authorize a new type of liquor license in Michigan in addition to the existing... More...
Prenuptial Agreements
A Prenuptial Agreement (also called an "Antenuptial" Agreement) is a document which is signed by a party before they get married. (There are also "Postnuptial Agreements" which are... More...
What You Don't Know Will Hurt You
By G. Alan Wallace The Department of Justice (DOJ) may be after you. Recently, the DOJ has stepped up enforcement of the Fair Housing Act’s (FHA) design and construction requirements. ... More...
New Michigan Law Helps Micro-distilleries
by Ryan K. Kauffman
Summary of Arbitration Rights of Terminated Auto Dealers
New Law Benefits Craft Beer & Wine Producers
MDTC Legislative Report (Michigan Defense Quarterly Vol 25, No 4)
by Graham K. Crabtree
A New Law in Michigan Creates A Pathway for Micro-Distilleries
Resolving Liquor License Enforcement Actions in Michigan
HB 6644 Would End Retail Sales of Alcoholic Beverages by Direct Delivery
Probate
Your Taxable Estate
The word "estate" has different meanings. Many people incorrectly assume that a person's "probate estate" (which is discussed in the previous article) is the same thing as a person's... More...
What is Probate?
The probate process essentially exists as a default process. Its purpose is to make sure that after your death your assets are transferred to the people whom you intended to receive... More...
Real Estate
The Joint Tenancy Uncapping Exception Explained
Klooster v City of Charlevoix: The Joint Tenancy Uncapping Exception Explained By Loukas P. Kalliantasis On March 10, 2011, the Michigan Supreme Court issued a unanimous decision in Klooster... More...
Taxes
Michigan Adopts Tax Amnesty
Michigan Governor Jennifer M. Granholm has signed legislation that provides for a tax amnesty period. The amnesty period would begin on May 15, 2011, and end on June 30, 2011.... More...
House Passes Permanent Estate Tax Repeal Bill
By Ryan M. Wilson (originally published May 2005)On April 13, 2005, the U.S. House of Representatives by a vote of 272-162 approved H.R. 8, the Permanent Estate Tax Repeal Act... More...
Michigan Single Business Tax: What will be next?
by Edward J. CastellaniThe Michigan Single Business Tax (“SBT”) was enacted in 1976 to replace seven Michigan taxes, including the Michigan Corporate Income Tax and the Michigan Inventory... More...
The Economic Growth and Tax Relief Reconciliation Act of 2001 and the Effect on the Federal Estate and Gift Tax
In June, President Bush signed the Economic Growth and Tax Relief Reconciliation Act of 2001 that significantly revises the federal estate and gift taxes.The Act has been widely... More...
Technology
Legal Marketing the Social Networking Way: LinkedIn
by Thaddeus E. Morgan Executive Summary An online presence has become a crucial element of marketing for lawyers and law firms alike. Hosting a website, by itself, however, is not the... More...
Utility and Energy Issues
A Sustainable Energy Policy
By Robert B. Nelson A lot has been written lately about our unhealthy reliance on foreign oil to meet energy demands. Historically, renewable energy, although... More...
An Energy Plan for Michigan's Future
By Jennifer Utter HestonAs business leaders, you are well aware of the impact that energy costs can have on your ability to compete, and electricity costs are among the biggest concerns... More...
Don't Unplug Fairness, Rule Changes for New Power Plants Shouldn't Favor Existing Utilities
By Robert B. Nelson An Editorial Originally Printed in the Detroit Free Press on January 4, 2006.If you have ever been involved in building your own home, you know that you can withhold the... More...
The Solution to Your Dispute with the Utility Company May Be One Toll-Free Phone Call Away
By Ryan K. Kauffman When a dispute arises between a utility company and one of its business or residential customers, the customer may be at a disadvantage. Dealing with a large utility... More...
A Bold Vision for Michigan's Energy Future
By Dave Marvin http://domemagazine.com/features/jan09/cover0109.html
