 Wills and Trusts
 I often
get the question whether a will avoids probate?
I always answer no it does not. A
will is our way of transferring property once a person dies if he or she did
not make arrangements prior to dying.
Everyone should have a will. If
you fail to make one, the Michigan Intestate statute makes it for you.
Under Michigan’s Intestate law, if a decedent
dies leaving a surviving spouse with no children, but surviving parents, the
surviving spouse receives the first $150,000 and ¾ of the remaining property
and the surviving parents of decedent inherit the other ¼ of the property.
If the
decedent leaves a surviving spouse and surviving children, then the surviving
spouse receives the first $150,000 and ½ of the remaining property and the
children share the other ½ of the property.
This may
not be what you intended. In a second
marriage situation with children from another marriage this is probably not
what you want. Thus, estate planning is
necessary and consultation with an attorney will help you decide how to prepare
your estate to pass on your property after your death.
In some
circumstances a revocable grantor trust may be appropriate. A revocable trust allows you to avoid
probate, but you must transfer your assets into the trust. Depending upon your particular situation,
putting all your assets into the trust may not be advisable. For instance, when a husband and wife
transfer their house into the trust they loss the tenancy by the entirety,
which can prevent a creditor from going after the house if there is a judgment
against one spouse, but not the other.
A
revocable trust allows for property management and federal estate tax
reduction. Currently the amount excluded
from the federal estate tax is $3,500,000.
I
Please
give me a call and schedule an appointment and we can go over your particular
situation and craft a plan that does what you want it to do.
In
addition, everyone should consider creating a durable power of attorney that
gives someone you designate the power to make decisions for you if you become
incapacitated for any reason. This power
typically would include buying and selling property, handling your finances,
paying your taxes, etc. A durable power
of attorney to make health care decisions is also appropriate. This power allows someone to make health care
decisions such as where to keep you on life support or to provide for treatment
in certain specified situations.
Again,
please give me a call and schedule an appointment and we can go over your
particular situation.
[The information presented above is general in nature and
not intended to be the sole source of guidance or specific legal advice.
Individual consultation should be obtained from an attorney or other
appropriate professional.]
Notices to be Posted
by Michigan Employers
Many employers are unaware to the many federal and state
laws that require posters to be posted in the workplace and readily available
to employees. Below are the notices that
are required to be posted in the workplace.
Failure to comply with these laws can result in substantial monetary
fines.
1. Federal and State
Minimum Wage
The Federal Fair Labor Standards Act is the federal law
that establishes the federal minimum
wage rate and the method to determine hours worked by an employee for purposes of calculating overtime
compensation.
2. Equal Employment Opportunity is the Law
This poster provides an overview of the federal laws that
prohibit discrimination on the basis
of race, color, religion, sex, national origin, age, and disability. The requirement to post this poster are generally applicable to employers
with 15 or more employees.
3. Michigan Civil Rights Poster
In Michigan
it is unlawful to discriminate on the basis of religion, race, color, national origin, age, sex, marital status, height,
weight, arrest record, or handicap. Michigan employers are encouraged to post this
notice, which defines each of the protected classes. This poster also alerts disabled employees
that they must notify their employer
in writing within 182 days after the need for accommodation is known.
4. Michigan Whistleblower’s Protection Act
The Michigan
Whistleblower’s Protection Act is a state law that makes it illegal for employers to discharge, threaten or otherwise
discriminate against an employee regarding
the employee’s compensation, terms, conditions, location or privileges of employment because the employee or a
person acting on behalf of the employee reports
or is about to report a violation or a suspected violation of federal, state,
or local laws, rules or
regulations to a public body. An
employer cannot threaten to discharge,
threaten or otherwise discriminate against an employee with regard to the employee’s compensation, terms,
conditions, location or privileges of employment because of the employee’s
participation in a public hearing, investigation, inquiry or a court action.
5. Michigan Department of
Labor, Legal Requirements Governing Employment of Minors
Section 13 of the
Michigan Youth Employment Act requires employers who employ minors to post this notice. This notice provides an overview of the
various age thresholds,
work schedule restrictions, occupation limitations, and other relevant legal stipulations relating to
the employment of minors. 6. Michigan Safety and Health Protection on the Job The Michigan Occupational Safety and Health Act (MIOSHA)
of 1974 requires all employers to
post the Michigan Safety and Health Protection on the Job poster. This notice
describes the many important provisions of MIOSHA that are intended to provide job safety and
health protection for Michigan
employees through the maintenance
of safe and healthful working conditions.
7. Michigan Material Safety Data Sheet
Under the Michigan
Right to Know Law, employers must communicate to all employees’ information regarding the safe handling of
hazardous chemicals. An employer that is subject to this
standard, must notify employees of the location of the Material Safety Data Sheets for the hazardous chemical produced
or used in the workplace and
the name of the person from whom to obtain these sheets.
8. Log and Summary of
Occupational Injury Both the federal
Occupational Safety and Health Act and the Michigan Occupational Safety and Health Act (MIOSHA) require
employers with more than 10 employees to maintain
in each establishment a log of all reportable occupational injuries and accidents. This information must be maintained on MIOSHA
Form 200. This form is to be posted each year from February 1 to
March 1. An employer must read this form carefully to distinguish reportable
and nonreportable injuries.
Confidentiality must be practiced
when posting this form.
9. Federal Polygraph
Protection Act
The federal Employee Polygraph Protection Act
prohibits most private employers from using
lie detector tests either for pre-employment screening purposes or during the course of employment. Limited exceptions do exist. Under federal law, all employers are required to post this notice. The Michigan
law, relating to polygraph testing is more
restrictive than the federal law. Prior
to engaging in any polygraph testing legal consultation
should be sought.
10. Your Rights Under the
Family and Medical Leave Act
Employers with 50
or more employees must comply with the Family and Medical Leave Act, and post this
notice. The Family and Medical Leave Act
is a complicated law that establishes
the criteria for employees to be eligible for up to a 12 week leave of absence.
The statute and regulations specify in great detail the eligibility
criteria, as well and the term,
conditions, and reinstatement criteria.
11. Your Rights Under the
Uniformed Services Employment and Reemployment Rights
Act.
12. Notice – Military Family
Leave
13. Notice to Workers with
Disabilities paid at special minimum wages. [The information presented above is general in nature and
not intended to be the sole source of guidance or specific legal advice.
Individual consultation should be obtained from an attorney or other
appropriate professional.]
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