Babut Law Offices, PLLC
Speak Directly With An Attorney 
Free Consultation 734-485-7000

Ypsilanti Michigan Legal Blog

Follow these steps to choose the right nursing home

It doesn't matter if you're choosing a nursing home for you or a loved one, it's important to make the right decision the first time around. Any mistake can impact you in a variety of ways, such as the treatment you receive and the money you pay.

When creating an estate plan, pay close attention to all details related to elder law. This includes choosing a nursing home, as well as outlining how you'll pay for your stay.

These 5 things can lead you to consider bankruptcy

If your financial situation takes a turn for the worse, it's critical to list out all the strategies you can employ to get back on track. It's not always easy to dig your way out of a financial hole, but there's never a good time to give up.

Bankruptcy is often the best way to resolve your financial problems. Before you go down this path, pinpoint the cause of your trouble. Here are five things that can lead you toward bankruptcy:

  • Job loss: If you're no longer earning money, it's difficult to stay afloat. The quicker you can get back to work the better chance you have of avoiding bankruptcy.
  • Medical expenses: Your health is one of the most important things in your life, so you shouldn't hesitate to seek medical treatment when necessary. Unfortunately, this can lead to mounting medical debt that's difficult to pay off in a timely manner.
  • Credit card debt: It's easy to fall into the trap of using your credit card to overspend. Before you know it, you could be swimming in more debt than you ever imagined possible, which will impact other areas of your finances.
  • Divorce: If you go through a divorce, it's safe to assume you'll lose some of your assets. You may even find that you're unable to make ends meet.
  • Unexpected expenses: This can include everything from a major home repair to medical bills to the need to help a loved one during a time of trouble.

Estate planning tips for avoiding Michigan probate court

People choose to plan their estates for their own unique reasons. Some people have significant assets and strong desires to see them allocated in specific ways. Other people may want to help their family members avoid estate taxes due to the size of their estate. For others, the primary goal may be avoiding probate court.

Probate court in Michigan will handle any estate where someone dies intestate or without a will. However, there are other circumstances that can result in your estate going to probate court. Familiarizing yourself with common issues can help you avoid those pitfalls in your own estate planning process.

How do you remove a bankruptcy filing from your credit report?

There are many benefits of filing for bankruptcy, as well as a couple of well-noted drawbacks. Among them is the fact that a bankruptcy filing will remain on your credit report for a minimum of seven years.

A Chapter 7 bankruptcy remains on your credit report for 10 years, while a Chapter 13 bankruptcy stays put for seven years.

It may be time to review and alter your estate plan

When you create an estate plan, do so with the idea that you'll have to make changes in the future. This guarantees that you're always on the lookout for any changes that will benefit you and your loved ones.

You have the final say in regard to when you review and alter your estate plan, but here are some times when it makes sense:

  • Divorce or marriage: If your marital status changes, your estate plan shouldn't be too far behind. For example, once you get married, you may want to name your spouse as your only beneficiary.
  • Change in state laws: Don't turn a blind eye to any new state laws, as these can impact your estate plan. Just the same, if you move to another state, you should review your estate plan, as the laws are likely to be different.
  • Something has happened to your executor or trustee: This person is responsible for administering your estate plan upon your death, so it's important to always have the right person named. If you have a falling out with your executor or trustee, it may be time to make a change. The same holds true if this person has become seriously ill or passes away.

Tips for choosing the right executor

When creating a will, there will come a time when you have to choose an executor. This is the person who will review your will, enter it into probate and ensure that everything goes as you have planned.

Choosing the right executor is easier said than done, especially if you have several people on your radar. Here are three tips for helping you make the perfect choice:

  • Choose a responsible individual: You don't have to choose a legal or financial professional, but you must select someone who is responsible. This person will take on many tasks, all of which require efficient and effective decision-making and communication.
  • Name two executors: This isn't a requirement, but it can help in many situations. For example, if your first executor passes on before you or turns down the responsibility for some reason, the second person can step in.
  • Honesty is the best policy: Choose an executor who is known for being an honest person. Not only does this give you peace of mind, but it also helps avoid a situation in which your executor doesn't follow the instructions you have left them.

Is bankruptcy the right answer to your financial troubles?

As your financial troubles mount, you may need to focus on the many strategies that can help you regain your footing. While there may be more than one answer to your fiscal woes, many people realize that bankruptcy is the best way to make progress in an untenable situation.

If you're on the fence about filing for bankruptcy, here are some questions you can answer to determine if it's right for you:

  • Do you qualify? Even if you don't qualify for Chapter 7 bankruptcy, you may realize that you can use Chapter 13 to your advantage.
  • Can you improve your finances without bankruptcy? If you've yet to try everything, e.g., debt counseling, you may not want to jump into bankruptcy just yet.
  • What type of debt do you have? Don't assume that bankruptcy will wipe all your debts away. While bankruptcy discharges many unsecured debts like credit card accounts, it doesn't eradicate student loans, legal bills, past-due child support and income tax debt.
  • Are you okay with the downside of bankruptcy? Even though bankruptcy can improve your finances, there are downsides to consider. From the red mark on your credit report to the possibility of losing some of your property, there's a lot to consider.

When estate planning, consider the benefits of a living trust

When creating an estate plan, many people assume that a will is all they need. While it's okay to rely solely on a will, you don't have to do this. You can partially replace your will with a living trust, which will bring additional benefits to you, your family and your estate plan as a whole.

To determine if a living trust is the right approach, you must first understand why it's such a popular estate planning tool. Here are five of the top benefits:

  • Avoid probate: If you want to keep any assets away from the probate process, the best way to do so is to transfer them into a living trust. When you rely strictly on a will, all of your assets will go through probate upon your death, which puts additional strain on your loved ones.
  • It can provide for you during incapacity: If you're unable to care for yourself, such as the result of a serious injury or illness, your trustee can step in and make key decisions on your behalf. This gives you peace of mind at all times, regardless of your age.
  • Privacy protection: A will is public record, giving outsiders the ability to see who received what and how much. Conversely, a living trust is not public record, which provides a high level of privacy protection.
  • Greater control over your assets after your death: For example, you can add a stipulation that your children do not receive anything from the trust until they reach a certain age.
  • Possible to make changes: With a revocable trust, for instance, you can make changes throughout your life. In fact, you can even revoke the trust if you find that you no longer need it.

Steps to take before filing for bankruptcy

Filing for bankruptcy isn't something you should do on a whim. Instead, it takes a lot of planning to ensure that you're making the right decision.

There are several steps you can take before filing for bankruptcy that will help you better understand your situation and what the process entails. Furthermore, taking these steps will put you in position to make a final decision in regards to whether or not you should proceed.

  • Stop using your credit cards. Don't fall into the trap of running up credit card debt with the idea that it'll be discharged in bankruptcy.
  • Do your best to keep up with payments. From your rent to your utilities, do whatever you can to continue making payments.
  • Stop automated payments. If you have these set up, cancel them before you file for bankruptcy. This is important because creditors are required by law to stop collecting payments from you once you file for bankruptcy.
  • File past tax returns. If you've fallen behind on your tax returns, you must file these before you proceed with bankruptcy. It's not always easy to catch up on filing back taxes, especially if you don't have all the documents you need, but it's a requirement of filing for bankruptcy.

Don’t shy away from Chapter 13 bankruptcy

Many people facing financial difficulties set their sights on Chapter 7 bankruptcy. They understand that this allows them to discharge some or all of their debt, thus giving them a fresh start in the immediate future.

If you find that you don't qualify for Chapter 7 bankruptcy, you shouldn't turn away just yet. Instead, it makes sense to learn more about Chapter 13 bankruptcy.

Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

contact information

Ypsilanti / Ann Arbor
700 Towner Street
Ypsilanti, MI 48198

Phone: 734-485-7000
Fax: 734-485-6251
Ypsilanti Law Office

Jackson
761 W. Michigan Ave.
Jackson, MI 49201

Phone: 734-485-7000
Phone: 517-768-0187
Fax: 734-485-6251
Jackson Law Office

Adrian
217 E Front Street
Adrian, MI 49221

Phone: 734-485-7000
Phone: 517-266-9332
Fax: 734-485-6251
Adrian Law Office

Down River / Detroit Area
20619 Ecorse Road
Taylor, MI 48180

Phone: 734-485-7000
Phone: 313-292-3700
Fax: 734-485-6251
Taylor Law Office

map image