Seglund Gabe Pawlak & Groth, PLC

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The Recent Michigan Court of Appeals Decision Could Dramatically Affect Your Estate Plan

30.10.2015 by Law Firm of Seglund Gabe Pawlak & Groth in Elder Law, Estate Planning, Probate

On October 20th, the Michigan Court of Appeals in Lansing issued a decision in a matter of first impression in our state.  That decision could dramatically affect your estate plan.

Court of Appeals Docket Number 322522, published October 20, 2015.

In re Estate of Shelby Jean Jajuga

In essence, the opinion has said that a decedent cannot, in a Last Will & Testament, eliminate a surviving child’s right to receive “exempt property” from the decedent’s estate.  “Exempt property” is a statutory right to receive a certain amount ($16,000.00 currently) of the decedent’s personal property (i.e. household furniture, automobiles, furnishings, appliances and personal effects).

This is a published opinion, and is therefore legally binding in all future matters and in all Michigan courts.  The case involved very little money and I believe that it is unlikely to be appealed to the Michigan Supreme Court.  Furthermore, even if it was appealed, the legal reasoning and legal precedent is sound.

If you have attempted to disinherit a specific person in your Last Will & Testament, I would recommend that you schedule an appointment to meet with one of our experienced estate planning attorneys to discuss the ramifications of this new case on your current estate plan, and, if needed, the options to address it.

Bruce R. Seglund, Estate Planning Attorney

Seglund Gabe Pawlak & Groth, PLC

Our experienced attorneys are committed to providing our clients with the guidance and support that they need to resolve their estate planning issues. With over five decades of serving clients in Southeastern Michigan, the attorneys of Seglund Gabe Pawlak & Groth, PLC have the knowledge and resources to resolve your issues.

No two families are alike and our attorneys are qualified to handle every type of estate planning situation, no matter how confusing or complex it may seem. We stay up to date on state and federal laws concerning estate planning and the latest laws regarding Medicare changes, Medicaid changes or nursing home issues. Our attorneys will provide you with the guidance you need and the service you expect so that you and your family get the result you want and the protection that you deserve.

Seglund Gabe Pawlak & Groth, PLC
28345 Beck Road, Suite 301
Wixom, MI 48393
Phone: (248) 869-0030
Fax: (248) 869-0039

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