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SHIMEK LAW FIRM, PLLC
Protecting your family, property, and future.
Southeast Michigan Attorneys
P R A C T I C E A R E A S
Our family law attorneys have extensive experience in contested and uncontested divorces, and will handle your separation with compassion, kindness, and professionalism.
When a marriage or relationship ends, decisions involving children can be emotional. It’s great when you and your ex-spouse or ex-partner can agree amicably on custody, support, and other provisions.
Opening your heart and your family through adoption is joyous and rewarding, but the process can be complicated. We can help you navigate the legal requirements and unanticipated obstacles.
Medical debt, loss of income, business debt, divorce, and other life changes can take a toll on your financial security. Bankruptcy protection gives you the power to regain control of your future.
When a loved one passes or becomes unable to make decisions about their care, you need compassionate, experienced counsel to help you resolve their affairs with dignity. We will advise you every step of the way.
A comprehensive estate plan gives you peace of mind and provides clear instructions to your loved ones and heirs throughout your life and upon your death.
At Shimek Law Firm we understand that personal injury cases can arise from a wide range of accidents and incidents. Our experienced team of lawyers are committed to helping you obtain the compensation you deserve.
The attorneys and professionals at the Shimek Law Firm represent clients in Wayne, Washtenaw, Oakland, and Monroe Counties, counseling them in a variety of matters, including:
- Divorce, Adoption, and Family Law
- Debt Relief and Personal Bankruptcy
- Personal Injury
- Guardianships and Conservatorships
- Probate Administration
- Estates, Wills, and Trusts
Whenever feasible, we utilize negotiation, mediation, and other economical, out-of-court alternatives to resolve disputes. If those options aren’t possible, we’re not afraid to fight our clients’ battles in the courtroom.
Lawsuits and legal proceedings are stressful. Count on us to explain the process, answer all of your questions, and respond to your calls and emails every step of the way. We maintain a safe and healthy office environment, but we will gladly meet with you by phone or video during the pandemic if you prefer.
If you need a team committed to protecting your best interests, schedule a consultation today by calling (734) 285-5625 or filling out the form below.
Read what clients have to say about the Shimek Law Firm:
* We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Recent Blog Posts
Marriage is a significant milestone, symbolizing love, commitment, and the merging of two lives. While the emotional and romantic aspects of marriage are often celebrated, it is also essential to consider the practical and legal implications. One important consideration is the prenuptial agreement. In Michigan, as in many other states, a prenuptial agreement can offer numerous benefits, providing clarity and protection for both parties. Here’s why a prenuptial agreement can be a wise decision for couples planning to tie the knot. Understanding Prenuptial Agreements A prenuptial agreement, commonly known as a prenup, is a legally binding contract entered into by two people before they get married. This agreement outlines how assets, debts, and other financial matters will be handled in the event of a divorce or the death of one spouse. Prenuptial agreements can also address issues such as spousal support and the division of property. Benefits of a Prenuptial Agreement in Michigan 1. Asset Protection One of the primary benefits of a prenuptial agreement is asset protection. If either spouse has significant assets, a prenup can ensure that these assets remain protected and are not subject to division during a divorce. This is particularly important for individuals with family heirlooms, business interests, or substantial personal savings. 2. Debt Management A prenuptial agreement can also address the handling of debts. It can specify that each spouse is responsible for their individual debts incurred before the marriage, protecting the other spouse from potential financial liability. This clarity can prevent conflicts and financial strain in the event of a divorce. 3. Clarifying Financial Rights and Responsibilities Prenuptial agreements can outline the financial rights and responsibilities of each spouse during the marriage. This includes decisions about joint bank accounts, property ownership, and financial contributions to household expenses. Establishing these guidelines can promote transparency and reduce potential disputes over money matters. 4. Simplifying Divorce Proceedings In the unfortunate event of a divorce, a prenuptial agreement can simplify the process. By having a clear plan for asset division, spousal support, and other financial matters, couples can avoid lengthy and costly legal battles. This can lead to a more amicable and efficient resolution, reducing emotional stress and financial burdens. 5. Protecting Business Interests For individuals who own a business, a prenuptial agreement can provide essential protection. It can ensure that the business remains separate property and is not subject to division in a divorce. This protection can safeguard the business’s continuity and financial stability, benefiting both the owner and any business partners. 6. Preserving Family Wealth If one or both spouses come from families with significant wealth, a prenuptial agreement can help preserve family assets. By clearly delineating which assets are considered separate property, a prenup can prevent family wealth from being divided in a divorce, ensuring it remains within the family. 7. Providing for Children from Previous Relationships For individuals with children from previous relationships, a prenuptial agreement can ensure that their financial interests are protected. It can outline provisions for child support, inheritance, and other financial matters, providing peace of mind that the children’s needs will be met. Creating a Prenuptial Agreement in Michigan 1. Seek Legal Advice It is crucial to consult with an experienced family law attorney when creating a prenuptial agreement. Each party should have their own attorney to ensure that their interests are adequately represented and that the agreement complies with Michigan law. 2. Full Financial Disclosure Both parties must provide full and honest disclosure of their assets, debts, and income. Failure to disclose relevant financial information can lead to the agreement being invalidated. 3. Fair and Voluntary Agreement A prenuptial agreement must be fair and entered into voluntarily by both parties. Coercion, fraud, or duress can render the agreement unenforceable. Both parties should have sufficient time to review and consider the terms before signing. 4. Review and Update It is essential to review and update the prenuptial agreement periodically, especially if there are significant changes in financial circumstances or family dynamics. Regular updates ensure that the agreement remains relevant and effective. Conclusion A prenuptial agreement is a practical and beneficial tool for couples planning to marry in Michigan. It provides clarity, protection, and peace of mind, helping couples navigate financial matters with confidence. By addressing potential issues before they arise, a prenuptial agreement can strengthen the foundation of a marriage, allowing couples to focus on building a happy and fulfilling life together. If you are considering marriage, consult with a family law attorney to explore how a prenuptial agreement can benefit you and your future spouse.
Estate Planning for Minor Children: A Comprehensive Guide Estate planning is a critical aspect of financial preparedness, ensuring that your assets are distributed according to your wishes and your loved ones are taken care of in your absence. For parents with minor children, estate planning takes on an added layer of importance. This blog post delves into the key components and considerations for effectively planning your estate with minor children in mind. Why Estate Planning is Crucial for Parents with Minor Children As a parent, your primary concern is the welfare and future of your children. Estate planning is not just about distributing your assets; it’s about securing your children's future, providing for their care, and ensuring that they are raised in a loving and supportive environment if something happens to you. Without a proper plan, your children’s guardianship and financial security could be determined by the courts, potentially leading to outcomes that might not align with your wishes. Key Components of Estate Planning for Minor Children 1. Naming a Guardian One of the most important decisions you will make is naming a guardian for your minor children. This person will be responsible for their upbringing if you and the other parent are no longer able to do so. Consider the following when choosing a guardian: - Values and Beliefs: Ensure the guardian shares your values and parenting philosophy. - Location: Think about where the guardian lives and the impact on your children's lives. - Willingness and Ability: Confirm that the chosen guardian is willing and able to take on this responsibility. It’s advisable to name an alternate guardian in case your first choice is unable to serve. 2. Establishing a Trust A trust is an effective way to manage and protect your children’s inheritance. By setting up a trust, you can specify how and when the assets should be used and distributed. This prevents minors from inheriting a large sum of money outright at a young age. Key types of trusts include: - Testamentary Trust: Created through your will and comes into effect upon your death. - Living Trust: Established during your lifetime and can manage your assets both before and after your death. A trustee will manage the trust on behalf of your children. Choose someone trustworthy and capable of handling financial matters. 3. Writing a Will A will is a fundamental document in estate planning. It allows you to: - Distribute Assets: Specify how your assets should be divided. - Appoint a Guardian: Formally name a guardian for your minor children. - Establish a Trust: Direct the creation of a trust for your children’s inheritance. Without a will, state laws will determine how your assets are distributed and who will care for your children. 4. Life Insurance Life insurance provides a financial safety net for your children in the event of your untimely death. Consider the following when choosing a life insurance policy: - Coverage Amount: Ensure it’s sufficient to cover living expenses, education costs, and any other future needs. - Beneficiary Designation: Name the trust as the beneficiary rather than the minor child directly to avoid legal complications. 5. Beneficiary Designations Review and update beneficiary designations on retirement accounts, insurance policies, and other assets. Ensure they align with your estate planning documents. Naming your trust as the beneficiary can help streamline the management of these assets for your children’s benefit. Regularly Review and Update Your Plan Life changes such as the birth of another child, changes in marital status, or changes in the financial situation of your chosen guardian can affect your estate plan. Regularly review and update your plan to ensure it remains relevant and effective. Consulting with an Estate Planning Attorney While it’s possible to create some estate planning documents on your own, consulting with an experienced estate planning attorney is highly recommended. An attorney can provide guidance tailored to your specific situation, ensure all legal requirements are met, and help you avoid common pitfalls. Conclusion Estate planning for minor children is an essential step in securing their future and ensuring their well-being in your absence. By carefully selecting guardians, establishing trusts, writing a will, and securing adequate life insurance, you can provide a stable and loving environment for your children no matter what the future holds. Take action today to protect what matters most—your children’s future.
Wills: Definition: A will is a legal document that outlines how you want your assets to be distributed after your death. It also allows you to appoint guardians for minor children and specify other wishes, such as funeral arrangements. Functionality: Distribution of Assets: Wills specify who will inherit your property and in what proportions. They can distribute assets outright or in trust for minors or beneficiaries with special needs. Probate Process: Wills typically go through probate, which is a court-supervised process of validating the will and distributing assets according to its instructions. This process can be time-consuming and costly. Public Record: Wills become public record upon your death, meaning anyone can access the information contained in them. Advantages: Ease of Creation: Wills are generally simpler and less expensive to create than trusts. Flexibility: You can easily update and revise a will as your circumstances change. Nomination of Guardians: You can nominate guardians for minor children in a will, which is important for parents. Disadvantages: Probate: Wills typically go through the probate process, which can be time-consuming and expensive. Public Record: Wills become public record upon your death, which may not be desirable for some individuals who value privacy. Limited Protection: Wills offer limited protection from challenges by disgruntled heirs or creditors. Trusts: Definition: A trust is a legal arrangement where you transfer ownership of your assets to a trustee who manages them for the benefit of your beneficiaries according to the terms you've specified. Functionality: Asset Management: Trusts allow for ongoing management of assets, especially useful for minors or individuals who may not be capable of managing assets themselves. Avoidance of Probate: Assets held in a trust generally avoid probate, which can save time and money and keep your affairs private. Privacy: Unlike wills, trusts are generally private documents and do not become part of the public record upon your death. Advantages: Probate Avoidance: Trusts bypass the probate process, saving time and money and providing a quicker distribution of assets to beneficiaries. Asset Management: Trusts allow for ongoing management of assets, which can be beneficial for beneficiaries who may not be able to manage assets themselves. Privacy: Trusts are private documents, providing confidentiality and discretion regarding your estate plans. Disadvantages: Cost: Trusts are typically more expensive to create and maintain than wills. Complexity: Trusts can be more complex to set up and manage than wills, requiring careful attention to detail and ongoing administration. Initial Funding: Trusts require the transfer of assets into the trust, which can be a time-consuming process and may require additional legal work. Similarities: Estate Planning Tools: Both wills and trusts are estate planning tools that allow individuals to specify how their assets will be distributed after their death. Legal Documents: Wills and trusts are both legally binding documents that must comply with specific legal requirements to be valid. Appointment of Fiduciaries: Both wills and trusts allow you to appoint fiduciaries, such as executors or trustees, to carry out your wishes and manage your estate. In summary, while wills and trusts serve similar purposes in estate planning, they have distinct differences in terms of probate avoidance, privacy, complexity, and cost. The choice between a will and a trust depends on individual circumstances, including the size and complexity of the estate, the desire for privacy, and the need for ongoing asset management. It's often beneficial to consult with a qualified estate planning attorney to determine the most appropriate option for your specific situation.
