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Showing 21 posts in Did you Know?.

Legal-Ease: Are There Ways to Avoid Probate After Death?

Probate LawyerDear Jonathan: I just completed the probate of my late brother’s will. I was the personal representative he appointed to act on behalf of his estate. This was not a pleasant experience and in fact, was quite the opposite and made me realize that I don’t want to put my family through anything like this at my death. My wife and I don’t have a large estate, but we want to make sure that everything we own goes to the survivor of the two us and then to our kids without first having to go through probate. What do you recommend we do to avoid probate at either of our deaths? Read More ›

Categories: Did you Know?, Estate Planning

Legal-Ease: Steps for When a Loved One Passes Away - Part Three

Placing Flowers on GraveThis is my third and final article addressing what needs to be done after a person passes away. Part 1 addressed what a person needs to do prior to the decedent’s funeral. Part 2 addressed those things that don’t typically need to be done until after the decedent’s funeral, so long as the funeral is not delayed. This column continues that discussion. Read More ›

Categories: Did you Know?, Estate Planning

Legal-Ease: Steps for When a Loved One Passes Away - Part Two

After Funeral ConsolingThis is the second of three articles addressing the topic of what needs to be done when a spouse or loved one passes away. My last article addressed the immediate things that need to be done prior to the decedent’s funeral. This article and my third article address those things that don’t typically need to be done until after the decedent’s funeral. If the funeral is delayed, however, there should be no similar delay in addressing the matters that need to be addressed. Read More ›

Categories: Did you Know?, Estate Planning, Powers of Attorney

Legal-Ease: Steps for When a Loved One Passes Away - Part One

Looking at photo of passed loved oneDear Jonathan: Can you provide a general summary of what needs to be done when a person’s spouse or loved one passes away? Read More ›

Categories: Did you Know?, Elder Law, Estate Planning, Powers of Attorney, VA Aid & Attendance

Legal-Ease: What is the Downside of DIY Estate Planning?

Handwritten WillDear Jonathan: I am thinking about preparing my own estate planning documents, including a will, powers of attorney and a trust. A close friend of mine just went through this process and it cost her thousands of dollars and I really don’t want to spend that much money on attorney fees. I think I can figure it out by doing a little research and finding samples on the internet. I know this is your business and you probably don’t think do-it-yourself estate planning is a good idea but what is the downside of my trying to do this on my own? Read More ›

Categories: Did you Know?, Estate Planning, Powers of Attorney

Resources for Seniors and Caregivers

Elderly Support GroupThere are different types of care services available for elders and their caregivers, both in-person and online. Below, we will explore educational, financial, recreational, and supportive service options that can help develop a community for the senior in your life and for yourself in the caregiver role. Read More ›

Categories: Did you Know?, Elder Law, Long-Term Care

Parents: The Three Essential Legal Documents Your Child Should Have Before Leaving For College

Upset Parent at HospitalIn Michigan, the age of majority is 18 years. This means that when a person turns age 18, they are no longer a minor and are considered to be a legal adult. Consequently when your child turns 18, you no longer have the legal authority to make decisions for him or her, including financial and health care decisions. Read More ›

Categories: Did you Know?, Estate Planning, HIPAA, Powers of Attorney

Executing Estate Planning Documents Outside of Attorney's Office

Mailing in Estate DocumentsOccasionally clients will request, for one reason or another, that I mail them the originals of the estate planning documents I prepared for them so that they can have them executed outside of my office at a bank or some other financial institution.  Read More ›

Categories: Did you Know?, Estate Planning

Should Your Family Business Keep a Corporate Minute Book?

Father and Son at WorkMany corporate clients ask why they should spend the time and money to maintain a corporate minute book. This is especially common in small or family-run operations. Other corporate clients don't even bother asking the question, they simply don't do it. Read More ›

Categories: Audits, Compliance, Did you Know?, Liability

How FEPA Protects Michigan’s Elderly Against Financial Exploitation

Elderly Man at ATMIn 2021, Michigan passed the Financial Exploitation Prevention Act (FEPA or Act) which took effect last September. FEPA sets forth new requirements on financial institutions to report financial exploitation of vulnerable adults to adult protective services and law enforcement in Michigan, and was a result of work led by the Department of Attorney General’s Elder Abuse Task Force. Read More ›

Categories: Did you Know?, Financing, Senior Exploitation & Abuse

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Survivor's Checklist:

Due to the shock of the death of a spouse or a loved one, the steps of what needs to be done first can be an overwhelming process for the survivor(s). To aid in the breakdown and to act as a tool amidst the emotional days ahead, estate planning Jonathan "Jay" David has assembled a "Survivor's Checklist" of some of the important things that need to be addressed when a spouse or loved one dies.


Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024):

Below is a comprehensive guide of resources for older adults living alone, empowering them to thrive independently and access essential services. This guide was created and provided with permission by the National Council on Aging (NCOA).

Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024) (ncoa.org)


Elder Organizer Tool:

Foster Swift has created a free ‘Elder Organizer’ digital notebook to provide seniors and their caretakers with a toolkit that helps organize doctors’ appointments, medications, and more that can be shared online. The tools below are also available on the Elder Law Resources page.

*For those trying to access these links by smartphone, it is best practice to copy/open the link in a separate tab and download the free Google Sheets app from Google Play or the Apple Store.

Using the Elder Law OrganizerMedication & Appointments ButtonVisitor Log & Photos/Media ButtonPrivate Care Schedule ButtonElder Law Resources Button


COVID-19 Checklist:

For adult children responsible for their elderly parents and other senior caretakers concerned about protecting loved ones as the COVID-19 pandemic continues, below is a free downloadable checklist of steps to follow to prepare for any possible COVID-19-related illnesses among the most-vulnerable.

Download Button: Checklist


E-book Covers Estate Planning Essentials

Estate Planning Cover

Engaging in estate planning, while essential, is often emotional and generates many questions. How do I protect my spouse and my children if something happens to me? What happens if I become disabled before I pass on? Who will take care of my pet after I'm gone? How do I pass my business on to my children? These questions and more are addressed in Jonathan David’s recently updated e-book, “Estate Planning: You Have to Start in Order to Finish.”

Need Help Planning?

Helping Hands

For more tools, visit our Elder Law Resource page for additional content. Click here to view/download the Foster Swift estate planning brochure to see what our experienced team of attorneys can do for you.