Law Office of Holly A. JacksonLaw Office of Holly A. Jackson2026-09-22T20:56:21Zhttps://www.hollyjacksonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404361/2024/05/cropped-ID-image-1-32x32.jpgOn Behalf of Law Office of Holly A. Jackson<![CDATA[When can you get a personal representative removed and replaced?]]>https://www.hollyjacksonlaw.com/?p=470722026-09-22T20:56:21Z2026-09-22T20:56:21ZIf you’re one of the beneficiaries of a recently deceased loved one’s estate who’s less than happy with their choice of a personal representative (executor), you’re not alone. It’s not uncommon for beneficiaries to feel like the personal representative wasn’t the right choice for this critical responsibility.
You may feel like they don’t know what they’re doing, that they’re unnecessarily delaying the disbursement of inheritances, that they are letting assets slip through their hands or even that they’re stealing from the estate. If the personal representative is one of your close relatives, like a sibling, or maybe a stepparent, long-held resentments and conflicts can make it difficult to communicate with them.
Petitioning the court
You – along with other beneficiaries – can consider petitioning the probate court to remove and replace the personal representative. However, unless the court chooses on its own to remove them, you’ll need to provide evidence that you have grounds for removal.Removal of any administrator chosen by the deceased isn’t meant to be simple. The law is meant to protect the deceased’s wishes unless someone they’ve named has violated the law or isn’t adequately protecting the estate.Michigan law details the grounds for “termination of appointment by removal…for cause” as well as the process for doing so.
What grounds does Michigan law require?
The law states that the court can remove a personal representative for any of the following reasons:
They “intentionally misrepresented material facts in a proceeding leading to the appointment.”
They “failed to perform a duty pertaining to the office.”
They’re “incapable of discharging the duties of their office.”
Their removal would be “in the best interests of the estate.”
Some of these reasons are fairly broad. It will likely be necessary to provide specific examples of how a personal representative has mismanaged the estate or why they’re not capable of discharging their duties.Seeking removal of a personal representative is never a pleasant experience for anyone – even if there are no ill feelings involved. Sometimes, for example, an elderly surviving spouse may be the personal representative. They may have been capable of doing the job when they were first named, but not at their current age and in a state of grief. However, they may not want to give up the responsibility their late spouse entrusted to them.Whatever the situation, if you believe that a personal representative should be removed or replaced or at least get outside professional assistance, it’s smart to get experienced legal guidance to protect the estate and its assets.]]>On Behalf of Law Office of Holly A. Jackson<![CDATA[What is the difference between someone’s heirs and beneficiaries?]]>https://www.hollyjacksonlaw.com/?p=470692026-09-16T14:38:45Z2026-09-16T14:38:45ZThe decedent chooses their beneficiaries
Technically, adults have the right to control the descent of their property after their death. By creating a will or another testamentary instrument, they can designate specific people to inherit their property. Almost any person or business can be a beneficiary of an estate. People can leave property for their friends or for a charitable cause.
Heirs are different. They have a statutory right to inherit from the estate under the law. State statutes specifically name spouses, children and other close family members as the heirs of a person who dies without a will. Some heirs, such as spouses, have a right to inherit regardless of what an estate plan says. Others may only have a right of inheritance in cases where an individual dies without identifying beneficiaries.
Locating a deceased person’s estate plan is often the first step toward determining whether a personal representative must locate named beneficiaries or all potential heirs. The process can be more complicated when there are no estate planning documents to guide the distribution of property. An attorney can help personal representatives ensure they fulfill their probate responsibilities, including communicating with the people with a right to inherit from an estate, regardless of the particulars involved.]]>On Behalf of Law Office of Holly A. Jackson<![CDATA[The importance of financial separation when starting a business]]>https://www.hollyjacksonlaw.com/?p=470672026-08-22T13:02:32Z2026-08-22T13:02:32ZFinancial mistakes during business formation can cause issues later
Paying for business startup expenses out of a personal account or similar financial commingling can have devastating consequences. Typically, people forming limited liability companies (LLCs), corporations and other more complex businesses have protection from liability for the financial obligations of the organization.
Creditors and plaintiffs filing lawsuits must take action against the company, not the person who started the organization or who currently runs it. However, when there is proof of financial misconduct, such as commingling personal assets with business resources, creditors and plaintiffs in lawsuits can ask the courts to pierce the corporate veil.
The courts can set aside the liability protection typically extended to business owners, which allows creditors and plaintiffs to take direct action against individuals instead of the company. Piercing the corporate veil is a common strategy in cases where companies are insolvent or when owners may have more resources than the businesses they operate.
Learning about the risks of business formation can help people to better ensure that they adequately protect themselves. An attorney familiar with business formation procedures and liability rules can help people ensure they protect themselves when starting new businesses accordingly.]]>On Behalf of Law Office of Holly A. Jackson<![CDATA[Are holographic wills legal in Michigan?]]>https://www.hollyjacksonlaw.com/?p=470322026-08-07T22:52:14Z2026-08-07T22:52:14ZHolographic wills can be valid
A handwritten will can potentially serve as a valid testamentary instrument, provided that the testator is of sound mind, physically signs the document and ideally hand-writes key portions of the will themselves in their own handwriting. Handwritten wills can be helpful in emergency scenarios, but they also create a host of challenges.
Family members might dispute the validity of the will, in part because they question the handwriting and signature on the documents. There's also the risk of people failing to find or even intentionally destroying a holographic will.
Professionally-created documents are less likely to include terms that violate state law. Working with an attorney reduces the likelihood of a testator failing to meet the necessary legal standards imposed by state statutes. Attorneys can also assist with storage or retrieval of a will after a person passes.
Having support when drafting a will reduces the likelihood of other people failing to find it or violating its terms in the future. While some people in great distress may need to draft holographic or do-it-yourself wills, estate planning with a lawyer is usually the safest and most effective option.]]>On Behalf of Law Office of Holly A. Jackson<![CDATA[Can “love letters’ help buyers stand out in a competitive market?]]>https://www.hollyjacksonlaw.com/?p=470302026-07-31T12:37:20Z2026-07-31T12:37:20ZLove letters may violate housing laws
People who have owned and lived at a property for years may feel very protective about not just the home itself but also the community in which they live. They may worry about how selling their property might affect the home and their neighbors.
As such, sending a love letter talking about the best qualities of the home and describing the desire to raise a family there could certainly create an emotional connection that makes a seller consider certain buyers more strongly. However, federal fair housing laws prohibit the consideration of family status and other protected characteristics when making decisions about housing.
Therefore, letters that talk about raising children or other personal characteristics, such as cultural practices, could unintentionally lead to credible claims of housing law violation. Sellers and their real estate agents are potentially vulnerable to claims of discrimination in cases where a love letter plays a factor in the decision about who buys the property.
Buyers and sellers who have appropriate legal representation are less likely to make mistakes that could lead to legal complications later. A real estate attorney can help facilitate a smoother process during what may be the largest transaction of a person's life. While love letters do help in some cases, their usage may be riskier than people initially realize.]]>On Behalf of Law Office of Holly A. Jackson<![CDATA[Which estate planning mistakes can cause probate disputes?]]>https://www.hollyjacksonlaw.com/?p=470262026-07-22T08:09:34Z2026-07-22T08:09:34ZOutdated documents that invite conflict
A will you signed 15 years ago might not reflect the current situation of your family. If you later divorced, for example, Michigan law generally revokes provisions favoring your ex-spouse. The resulting distribution may not reflect your current wishes.
Conflicting paperwork creates a similar issue because your will does not control every transfer. If the document leaves an account to one child but the beneficiary form names another, the account will usually pass to the person listed on the form.
Overlooked assets that complicate administration
As your holdings change, some property may fall outside your estate plan. Examples include:
Real estate you acquired after creating a trust but never transferred by deed
Bank and investment accounts that remain titled solely in your name
Digital property, including cryptocurrency, online accounts and stored files
Vehicles, boats and other titled property without a joint owner or named beneficiary
Leaving an asset outside the trust does not necessarily change who receives it, but it can change how the transfer occurs. A pour-over will may direct the property into the trust after probate, while the absence of a residuary provision may cause Michigan intestacy law to govern the property’s distribution.
Drafting errors that undermine validity
Michigan requires a written will to carry your signature and those of two witnesses. Each witness must sign within a reasonable time after seeing you sign or hearing you acknowledge the document or your signature.
An interested person may contest the will based on improper signing, lack of capacity or undue influence. The court may then hear testimony and review other evidence before deciding whether to admit it, which might delay distributions and increase estate expenses.
An attorney can help draft language that reflects your wishes and identify unclear gifts, inconsistent names or missing alternatives. Counsel may also oversee the signing process and create a record of how you completed the will.]]>On Behalf of Law Office of Holly A. Jackson<![CDATA[Why informal partnerships can lead to costly disputes]]>https://www.hollyjacksonlaw.com/?p=469822026-07-02T10:32:03Z2026-07-02T10:32:03ZStarting a business with a family member, friend or colleague often begins with excitement and optimism. You trust each other completely and don’t need formal paperwork. A handshake or verbal agreement is all that you need.
Unfortunately, many business disputes begin exactly this way. Even the strongest relationships can be tested when money, responsibilities or business decisions come into play. And without a written partnership agreement, misunderstandings can quickly turn into expensive legal battles.
Protect your business from day one
Business partners don’t anticipate disputes when they first start working together. However, businesses evolve, and situations change over time.Many partnership agreements stem from unanswered questions that could have been addressed before the business began. Common disputes involve:
How profits and losses should be divided
Decision-making authority
Each partner’s contributions and responsibilities
What if one partner wants to leave the company
What if one partner wants to bring on an additional partner
Even when partners believe they’re on the same page, memories fade, and expectations fade. A written agreement provides an objective reference when disagreements arise.Where partners don’t establish their own rules, Michigan law may fill the gap with default rules governing the relationship. But those default provisions may not reflect what each partner originally intended. Relying on Michigan’s rules governing partners' rights and duties rather than a carefully drafted agreement can lead to unexpected outcomes and additional conflict.A well-drafted partnership agreement serves as a roadmap for the business. It clarifies expectations before disagreements occur and gives partners a process for resolving issues without unnecessary litigation.When partnership conflicts can’t be resolved informally, there can be significant financial consequences. Beyond attorney fees and court costs, legal disputes can interrupt daily operations, damage customer relationships, reduce employee morale and harm the company’s reputation.A legal professional can help draft partnership agreements, resolve disputes before they escalate and negotiate buyouts. Seeking their guidance early can protect your investment, preserve important business relationships and position your company for long-term success.
]]>On Behalf of Law Office of Holly A. Jackson<![CDATA[How many founders are necessary to launch an LLC?]]>https://www.hollyjacksonlaw.com/?p=469732026-06-18T18:09:36Z2026-06-18T18:09:36ZSole member LLCs are common
An entrepreneur with a business idea does not need multiple other people to start an LLC. They have the option of forming a sole member LLC without sharing control with anyone else or risking conflicts with other members who have different visions for the organization.
Sole member LLCs require the same paperwork as any other LLC, but only one person has the authority to make decisions about the company and manage business operations. The entrepreneur enjoys liability protection. An LLC creates a degree of social separation from the business as well, as the person starting the company can choose a unique brand name instead of using their own name for the business.
Entrepreneurs exploring their options for protecting themselves legally and financially may want to discuss different business formation options with a lawyer. An attorney's guidance can help people manage business formation paperwork and choose the right entity type, given their plans for their company.]]>On Behalf of Law Office of Holly A. Jackson<![CDATA[Reasons you should keep your will updated]]>https://www.hollyjacksonlaw.com/?p=469712026-06-10T14:23:58Z2026-06-10T14:23:58ZCreating a will is one of the most important steps in estate planning. It allows you to decide how your property should be distributed and who will handle your affairs after your death.
However, a will is not a document you should sign and forget. Changes in your family, finances and personal circumstances can affect whether your wishes are accurately reflected. Reviewing your wills regularly can help prevent unnecessary disputes and confusion.
Major family changes can affect your wishes
Marriage, divorce, the birth of a child or the addition of stepchildren and grandchildren may all create reasons to revisit your estate planning documents. Updating your wills after significant family events can help ensure the people you care about are properly included and that your intentions remain clear.
Guardians and beneficiaries may need to change
The people you originally selected to care for minor children or receive certain gifts may no longer be the best choices. Relationships change and loved ones may pass away or become unable to serve in important roles. Regular updates allow you to replace beneficiaries, guardians and other trusted individuals when necessary.
Financial changes can reshape your estate
Starting or selling a business, purchasing property or receiving an inheritance can significantly change the value and makeup of your estate. Keeping your wills current helps account for new assets and prevents outdated instructions from creating complications for your family.
Your overall estate planning goals may evolve
As you grow older, your priorities may change. You may wish to adjust how assets are distributed, provide for additional family members or coordinate your wills with other estate planning tools and beneficiary designations. Regular reviews give you the opportunity to make those changes before unexpected events occur.Keeping your wills up to date is an important part of protecting your family and preserving your wishes. Life rarely stays the same, and your estate planning documents should reflect those changes. Taking time to review and update your plans can reduce uncertainty and make the administration of your estate easier for your loved ones. Seeking legal guidance may help you determine when updates are appropriate and how to keep your estate planning goals on track.]]>On Behalf of Law Office of Holly A. Jackson<![CDATA[Choose the right trustee for spendthrift trusts]]>https://www.hollyjacksonlaw.com/?p=469692026-05-28T14:28:58Z2026-05-28T14:28:58ZThose doing their estate planning have several options regarding the financial vehicles that they employ. Trusts remain a popular option. Spendthrift trusts are a specific subgroup of that type.
When funding a spendthrift trust for a loved one, it's vital to ensure the trustee is up to the task. It’s also important to remember that even qualified trustees might not be the best choice if they are family members of the recipient.
Why relatives aren’t the best choice
Whenever money is involved, and another person has control of the purse strings, there is a potential for dissent. The last thing you want to cause is an argument between the beneficiary and trustee over the distribution of the trust’s funds. That can all be sidestepped by appointing a trusted professional with the right attributes and skill set, including the following:
Financial savvy to manage/maintain the trust principal
Investment experience
Excellent communication skills
These are not the sole characteristics of a competent trustee, but they are the bare minimum to expect from their services.
Cost can be a factor
For modest trusts where keeping the principal reinvested is primary, you might consider a co-trustee where someone connected to the beneficiary handles the day-to-day estate needs and works together with a professional trustee.This could be the financial compromise you need to ensure the estate remains funded and managed for the duration you intend.
Have more questions?
That’s understandable. Learning more about Michigan’s laws regarding estate planning is always a wise choice.]]>