Articles Posted in Michigan Elder Law

The Secure Act and Estate Planning
Serafini, Michalowski, Derkacz & Associates

The SECURE Act (Setting Every Community Up for Retirement Act) passed into law effective January 1, 2020. Although it is uncertain how the act was named, it is certain that this act will significantly impact estate, tax and income planning for baby boomers and their children. This act will force Americans with IRAs and other…

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VA Planning After “The Lookback”
Serafini, Michalowski, Derkacz & Associates

A year into the “new VA regulations” it is clear that planning for VA benefits is still a viable longterm care planning strategy. On October 18, 2018 as part of a comprehensive plan to help reorganize the Department of Veterans Affairs and benefit programs themselves, the VA finally adopted new regulations affecting the non-service related…

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Michigan Veteran Mistreatment Leads to Statewide Shakeup
Serafini, Michalowski, Derkacz & Associates

11 former workers at the Kent County Home for Veterans face felony charges following a 2016 audit that revealed their mishandling of abuse case filings and staff shortages. Additionally, the staff reported doing 100% of room checks when only about 43% were actually completed according to video surveillance. Reports also showed that the facility faced…

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Medicad Changes for Spouses at Home
Serafini, Michalowski, Derkacz & Associates

Michigan Medicaid law is always evolving. Most changes will impact the ability for a family to become eligible to receive benefits to pay for the cost of nursing home care. A recent change creates a favorable planning opportunity for Michigan families seeking Medicaid benefits for a loved one. The regulation allows a community spouse to…

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Michigan Vietnam Vets
Serafini, Michalowski, Derkacz & Associates

Michigan Vietnam Veterans living in the Detroit and Grand Rapids areas often seek advice related to agent orange exposure. These claims are known as “service connected” disability claims. Following a change in law in August of 2010, Vietnam Vets can seek disability benefits for “presumptive conditions”. These conditions can include type II diabetes, certain pulmonary…

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Michigan Merchant Marines May Qualify as Veterans
Serafini, Michalowski, Derkacz & Associates

Many deserving veterans are often overlooked when considering VA benefits to assist with the cost of long term care. Specifically, Merchant Marines, serving during World War II may qualify for VA Aid and Attendance. During Worl War II, Merchant Marines took up arms to assist in the Pacific and Atlantic to support Allied forces and…

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Picking a Fiduciary under Michigan Law
Serafini, Michalowski, Derkacz & Associates

Now that you know the basic information about fiduciaries from our Fiduciaries: A Closer Look blog article, it is time to consider which individuals or entities are appropriate for these positions. If you live in Metro Detroit or West Michigan we can help you with your estate planning, but first you need to determine who…

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Fiduciaries in Michigan
Serafini, Michalowski, Derkacz & Associates

So you live in Michigan and have finally decided to create an estate plan and it is time to choose a fiduciary – but what does that really mean? A fiduciary is an individual that stands in a special relation of trust, confidence, or responsibility in certain obligations to the testator. Michigan law creates several…

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Michigan Durable Power of Attorney
Serafini, Michalowski, Derkacz & Associates

Unlike conventional estate planning documents that deal with transfer of property to beneficiaries upon your death (i.e. last will and testament, or revocable trusts) the durable power of attorney operates during your lifetime and allows you to chose individuals to act on your behalf. At Serafini, Michalowski, Derkacz & associates, P.C., our estate plans generally…

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Updating Your Estate Plan
Serafini, Michalowski, Derkacz & Associates

Estate planning for Michigan residents has become more user friendly over the past few years with the introduction of the Michigan trust Code (MTC) in 2010 and the Estates and Protected Individuals Code (EPIC) in 2000 it is clear that individuals have more power in preparing their own estate planning documents. Despite the more user…

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