Tag Archives: Probate

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Michigan Designated Funeral Representative

A new law, 2016 Publ. Act 57, effective June 27, 2016, authorizes a person identified as the declarant, to designate a funeral representative to make decisions about postmortem funeral arrangements and the handling, cremation, disposition, or disinterment of the declarant’s body. MCLA 700.3206(2)(a).  The Act includes authority for cremation and determination of the right to possess the cremains, which is Read More


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No Power of Attorney? Go for Guardianship

Clients sometimes balk at signing powers of attorney. They say that they don’t need to appoint an agent because their kids are already on their bank accounts. I explain that writing a check does not resolve everything that comes up. Care and placement issues are also important. Without a POA, an incompetent person is adrift on the tide of the chaotic Read More


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Judicial OCD in Tennessee

In Frustrating the Intent of the Testator, I observed that many appellate courts seem to delight in invalidating wills that were clearly executed by the testator.  If judges take pleasure in destroying the estate plans of the recently departed, Hon. Kenny Armstrong of the Tennessee Court of Appeals should be rapturous to the point of wetting his pants in having Read More


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Regulation of Powers of Attorney

The director of a non-profit organization that wants to end financial exploitation of the elderly when wills, trusts or powers of attorney are executed asked why powers of attorney are contracts.  She said her organization would like the law to ensure that principals understand what they are signing.  She would like the legislature to pass a law to require agents Read More